White
White v. Avila
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 MIGUEL WHITE, AI7031, Case No. 21-cv-04221-CRB (PR)
Plaintiff, ORDER GRANTING MOTION FOR
TERMINATING SANCTIONS AND
v. DISMISSING ACTION WITHOUT
PREJUDICE
X. GONZALES, et al., (ECF No. 46) Defendant(s).
Plaintiff, a prisoner at Kern Valley State Prison (KVSP), filed this pro se action for damages under 42 U.S.C. § 1983 alleging that on May 21, 2019, while he was incarcerated at Salinas Valley State Prison (SVSP), correctional officer defendants failed to protect him from an attack by another prisoner in violation of the Eighth Amendment. Currently before the court for decision is defendants’ motion for terminating sanctions under Federal Rules of Civil Procedure 37(b)(2) based on plaintiff’s repeated failure to respond to their request for production of documents and/or comply with the court’s orders. Plaintiff has not responded to the motion. For the reasons that follow, the motion for terminating sanctions will be…