Veronica Gutierrez-Howerton v. Nicole Gonzalez

MEMORANDUM

Veronica Gutierrez-Howerton appeals pro se from the district court’s judgment dismissing with prejudice her 42 U.S.C § 1983 action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal as a discovery sanction under Rule 37 of the Federal Rules of Civil Procedure, Stars’ Desert Inn Hotel & Country Club v. Hwang, 105 F.3d 521, 524 (9th Cir. 1997), and we affirm.

The district court did not abuse its discretion by dismissing with prejudice Gutierrez-Howerton’s action for failing to comply with court-ordered discovery because Gutierrez-Howerton failed to answer defendants’ interrogatories, despite being ordered to respond and receiving an extension of time to do so, and she faded to appear at a hearing, despite receiving a continuance and an opportunity to appear telephonically. See Payne v. Exxon Corp., 121 F.3d 503, 507-8 (9th Cir. 1997) (discussing the five factors the district court must weigh before dismissing a case for .noncompliance with court-ordered discovery). The district court did not abuse its discretion in finding Gutierrez-Howerton’s noncompliance to be willful. See Henry v.…