(PC)Thurman

(PC)Thurman v. Marguina et.al.

Good Law
United States District Court, Eastern District of CaliforniaMarch 21, 20252:22-cv-00508California800 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN EUGENE THURMAN, No. 2:22-CV-0508-DMC-P Plaintiff, v. ORDER J. MARGUINA, et al., and Defendants. FINDINGS AND RECOMMENDATIONS 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion for terminating sanctions based on Plaintiff’s non-compliance with this Court’s June 17, 2024, order directing Plaintiff to respond to Defendants’ requests for written discovery. See ECF No. 47. Plaintiff has not filed an opposition. The Court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's interest in expeditious resolution of litigation; (2) the Court's need to manage its own docket; (3) the risk of 26 …

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