Hitchcock

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS PATRICK, No. 2:17-CV-1045-TLN-DMC Plaintiff, v. ORDER McINTYRE, et al., Defendants. 16 Plaintiff, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court are: (1) plaintiff’s motion to oppose sanctions (ECF No. 35); and (2) defendants’ reply thereto (ECF No. 36). 20 I. BACKGROUND This action proceeds on plaintiff’s first amended complaint, filed on July 5, 2018, alleging deprivation of his due process rights under the Fourteenth Amendment. See ECF No. 17. On September 4, 2019, the Court issued a discovery and scheduling order allowing defendants to depose plaintiff and any other incarcerated witness in accordance with Federal Rule of Civil Procedure 30(b)(1). See ECF No. 28. Pursuant to that order, defendants noticed plaintiff’s deposition for January 9, 2020. However, plaintiff failed to attend his noticed deposition.…