Brent E. Morris v. Paul W. Martin

8 F.3d 28 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brent E. MORRIS, Plaintiff-Appellant, v. Paul W. MARTIN, et al., Defendant-Appellee. No. 93-15086. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 16, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Brent Morris is a prisoner of the State of Nevada who has brought a section 1983 civil rights action. The district court dismissed Morris' amended complaint pursuant to Federal Rule of Civil Procedure 37(b) for failure to participate in discovery. Morris timely appealed. We have jurisdiction under 28 U.S.C. § 1291 . 3 Appellee's attorneys have sought unsuccessfully to take Morris' deposition since October 25, 1991. On February 24, 1992, appellee's attorneys traveled to Carson City, Nevada, where Morris was incarcerated, to depose him. Morris refused to answer any questions at that deposition. 4 On June 19, 1992, appellee's attorneys again…