Henry

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIAM RODRIGUEZ, No. 2:20-CV-1659-DAD-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. HENRY, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action. Pending before the Court is Defendants’ unopposed motion for terminating sanctions. See ECF No. 40. On May 5, 2023, the Court granted Defendants’ unopposed motion to compel and directed Plaintiff to serve responses to Defendants’ interrogatories and requests for production, and to produce responsive documents, within 30 days. See ECF No. 39. Defendants now seek terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(v) based on Plaintiff’s non-compliance with the Court’s May 5, 2023, order. See ECF No. 40. The Court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. U.S. Postal…