John Simon v. City of Phoenix

MEMORANDUM

John Steven Simon appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal as a sanction, In re Exxon Valdez, 102 F.3d 429, 432 (9th Cir.1996), and we affirm.

The district court did not abuse its discretion by dismissing Simon’s action as a sanction after Simon failed to respond timely or properly to defendants’ discovery request, despite being warned that failure to do so could result in dismissal of his action. See id. at 433 (setting forth factors for a district court to consider in determining whether to dismiss as a sanction, and noting that dismissal is authorized “where the violation is due to willfulness, bad faith, or fault of the [plaintiff]” (citation and internal quotation marks omitted)).

Contrary to Simon’s contentions, the district court did not abuse its discretion by quashing Simon’s notices of depositions or denying Simon’s motions to compel, because Simon failed to comply with the Federal Rules of Civil Procedure and the district court’s scheduling order. See Fed. R.Civ.P. 31; Laub v. U.S. Dep’t of…