United States of America v. Ronald James Davenport, individually and as a marital community

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD JAMES DAVENPORT,
individually and as a marital community,
Defendant - Appellant,
and
JENNIFER J. DAVENPORT, individually
and as a marital community; et al.,
Defendants.
No. 10-35506
D.C. No. 2:08-cv-00158-FVS
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Fred L. Van Sickle, District Judge, Presiding
Submitted June 26, 2012**
FILED
JUL 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-35506 2
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Ronald James Davenport appeals pro se from the district court’s default
judgment in the United States’ action to reduce to judgment unpaid federal income
tax assessments. We have jurisdiction under 28 U.S.C. § 1291. We review for an
abuse of discretion. Stars’ Desert Inn Hotel & Country Club, Inc. v. Hwang, 105
F.3d 521, 524 (9th Cir. 1997). We affirm.
The district court did not abuse its discretion by entering a default judgment
against Davenport as a sanction after Davenport repeatedly refused to submit to
any discovery despite being compelled by the court to do so and warned that
failure to comply could lead to an entry of default judgment. See id. (discussing
factors for district court to consider before entering default judgment as a
sanction); see also Fed. R. Civ. P. 37(b)(2)(A)(vi) (permitting default judgment as
a sanction for failing to comply with a discovery order).
Davenport’s remaining contentions are unpersuasive.
Davenport’s motion entitled “Complaint on Claim for Common Law
Immunity Joined with a Petition for Writ of Habeas Corpus” filed on July 12,
2010, is denied.
AFFIRMED.

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