(PC) Franklin v. E. Webb

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAMON BENTLEY FRANKLIN, No. 2:23-CV-1140-DMC-P Plaintiff, v. ORDER E. WEBB, and Defendant. FINDINGS AND RECOMMENDATIONS 16 Plaintiff, a prisoner proceeding pro se, brings this civil action. Pending before the Court are: (1) Defendant’s motion for terminating sanctions, ECF No. 39; (2) Defendant’s motion to compel responses to written discovery, ECF No. 40; and (3) Defendant’s motion for an order staying outstanding discovery deadlines, ECF No. 41. In Defendant’s motion for terminating sanctions, Defendant states that such sanctions are warranted for Plaintiff’s failure to attend his deposition as previously ordered by this Court. See ECF No. 39. On July 3, 2024, Defendant served on Plaintiff a notice of Plaintiff’s deposition to occur on September 5, 2024. See ECF No. 30, pg. 6. Plaintiff refused to appear. See id. On October 25, 2024, Defendant filed a motion to compel…