Bilal Ahdom v. M. Araich
Bilal Ahdom v. M. Araich
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 7 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
BILAL AHDOM, No. 18-16999
Plaintiff-Appellant, D.C. No. 1:09-cv-01874-AWI- BAM v.
M. ARAICH, Nurse Practitioner at Kern MEMORANDUM* Valley State Prison; et al.,
Defendants-Appellees,
and
S. LOPEZ, Chief Medical Officer at Kern Valley State Prison; et al.,
Defendants.
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). 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.
2 18-16999
Reference
- Status
- Unpublished