Sierzega

MEMORANDUM **

Jeffrey Martin Sierzega appeals the dismissal of his case under Federal Rule of Civil Procedure 37(b). We have reviewed the response to the court’s September 14, 2007 order to show case, and we conclude that summary disposition is appropriate because the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard).

Rule 37 of the Federal Rules of Civil Procedure permits the district court, in its discretion, to dismiss the case of a party who fails to comply with an order compelling discovery. We review a district court’s imposition of discovery sanctions for abuse of discretion and “reverse a district court’s court’s decision to impose discovery sanctions under Rule 37 only if ‘we have a definite and firm conviction that the court committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.’ ” Computer Task Group, Inc., v. Brotby, 364 F.3d 1112, 1115 (9th Cir.2004) (quoting Payne v. Exxon Corp., 121 F.3d 503, 507 (9th Cir.1997)). However, where the sanction imposed is dismissal, “the range of…