Gary W. Bernard v. James Ricketts

988 F.2d 117 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary W. BERNARD, Plaintiff-Appellant, v. James RICKETTS, et al., Defendants-Appellees. No. 91-16701. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Feb. 26, 1993. Appeal from the United States District Court for the District of Arizona, No. CV-87-00930-CAM; C.A. Muecke, District Judge, Presiding. D.Ariz. REVERSED AND REMANDED. Before FERGUSON, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Bernard appeals the district court's dismissal, for failure to participate in a deposition, of his 42 U.S.C. § 1983 suit against prison officials. We have jurisdiction, 28 U.S.C. § 1291 , and we reverse. 3 A district court's decision to dismiss a case for discovery violations is reviewed for abuse of discretion. Malone v. United States Postal Service, 833 F.2d 128, 130 (9th Cir.1987), cert. denied, 488 U.S. 819 (1988). Dismissal is a harsh penalty and is to be imposed only…