18-16999•United States v. 2020-02-07 | 18-16999 | BILAL AHDOM V. M. ARAICH | nonprecedential | memorandum disposition |
18-16999United States Court Of Appeals For The 9th Circuit07.02.2020
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BILAL AHDOM,
Plaintiff-Appellant,
v.
M. ARAICH, Nurse Practitioner at Kern
Valley State Prison; et al.,
Defendants-Appellees,
and
S. LOPEZ, Chief Medical Officer at Kern
Valley State Prison; et al.,
Defendants.
No. 18-16999
D.C. No. 1:09-cv-01874-AWI-
BAM
MEMORANDUM
*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted February 4, 2020
**
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 7 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
2 18-16999
California state prisoner Bilal Ahdom appeals pro se from the district court’s
judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to
his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We
review for an abuse of discretion a district court’s dismissal as a sanction under
Federal Rule of Civil Procedure 37(b). Malone v. United States Postal Serv., 833
F.2d 128, 130 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion by dismissing Ahdom’s action
because Ahdom failed to produce documents or adequately respond to discovery in
compliance with the district court’s discovery order despite receiving multiple
extensions of time to respond to discovery requests and being warned that
noncompliance could result in dismissal. See id. at 130-33 (setting forth factors to
be considered before dismissing under Rule 37(b)).
AFFIRMED.
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