Brian Johnson v. Reed Holtgeerts, et al, No. 09-35189 (9th Cir. 2010)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 29 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT BRIAN K. JOHNSON, No. 09-35189 Plaintiff - Appellant, D.C. No. 2:08-cv-00232-RSM v. MEMORANDUM * REED HOLTGEERTS, Director, DAJD; et al., Defendants, and OFFICER NAVEJAS, RJC and KING COUNTY JAIL, Defendants - Appellees. Appeal from the United States District Court for the Western District of Washington Ricardo S. Martinez, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS and THOMAS, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Our independent review of the record indicates that the district court did not abuse its discretion by dismissing Brian K. Johnson s ( Johnson ) action under Federal Rule of Civil Procedure 37 after Johnson was warned that failure to comply with the district court s pretrial order could result in dismissal of the case, he refused to answer questions at both of his depositions, and he failed to provide relevant arguments in opposition to defendants motion to dismiss. See Valley Eng rs Inc. v. Elec. Eng g Co., 158 F.3d 1051, 1057 (9th Cir. 1998) (listing factors to consider in determining whether dismissal is proper under Rule 37). Johnson s remaining contentions are unpersuasive. Johnson s pending motions are denied. AFFIRMED. 2 09-35189
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
