AHDOM v. S. Lopez, Chief Medical Officer at Kern Valley State Prison; et al., Defendants. (2020)
United States Court of Appeals, Ninth Circuit.
Bilal AHDOM, Plaintiff-Appellant, v. M. ARAICH, Nurse Practitioner at Kern Valley State Prison; et al., Defendants-Appellees, S. Lopez, Chief Medical Officer at Kern Valley State Prison; et al., Defendants.
Decided: February 07, 2020
Before: FERNANDEZ, SILVERMAN, and TALLMAN, Circuit Judges.
Bilal Ahdom, Pro Se Lucas L. Hennes, AGCA-Office of the California Attorney General, Sacramento, CA, for Defendants - Appellees M. Araich, C. Chen, Shittu, M. Spaeth Edgar Nield, Gabrielle DeSantis Nield, Esquire, Nield Law Group, APC, Encinitas, CA, for Defendant - Appellee S. Schaefer Colin H. Walshok, Attorney, Wingert Grebing Brubaker & Juskie LLP, San Diego, CA, for Defendant - Appellee Ashby Kathleen Jane Williams, Attorney, Williams & Associates, Sacramento, CA, for Defendant - Appellee S. Lopez
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)).
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