Osborn v. McCauley ex rel. Arizona Dept. of Corrections

29 F.3d 633 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kelly Dean OSBORN, Plaintiff-Appellant, v. Tom McCAULEY, ex rel., Arizona Dept. of Corrections; Samuel Lewis, Director, Arizona Department of Corrections; Ray L. Heltzel, Field Officer Supervisor, Defendants-Appellees. No. 93-16988. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 16, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Kelly Dean Osborn appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action pursuant to Fed.R.Civ.P. 37 for failure to participate in a court-ordered deposition. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review for abuse of discretion, United States ex rel. Guam, Inc. v. Kahaluu Constr. Co., Inc., 857 F.2d 600, 603 (9th Cir.1988), and we affirm. 3 "It is well established in this Circuit that claims which are not addressed in the appellant's brief are deemed…