Theodore Thompson v. University Medical Center

MEMORANDUM

Theodore J. Thompson appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the imposition of discovery sanctions. Conn. Gen. Life Ins. Co. v. New Images of Beverly Hills, 482 F.3d 1091, 1096 (9th Cir.2007). We affirm.

The district court did not abuse its discretion by imposing terminating sanctions under Fed.R.Civ.P. 37(b)(2) based on Thompson’s willful and repeated violations of the court’s discovery orders after the court repeatedly warned Thompson of the possibility of terminating sanctions. See id. (discussing factors for evaluating terminating sanctions); Jorgensen v. Cassiday, 320 F.3d 906, 912 (9th Cir.2003) (noting that “[djisobedient conduct not shown to be outside the control of the litigant is sufficient to demonstrate willfulness,” and that district court’s finding of willfulness is reviewed for clear error).

Thompson’s contentions that the district court failed to consider his proposed third amended complaint prior to dismissal, his deposition failed to comply with the requirements of 7…