Donte Sutton v. Altamirano, et al.

Summary

The document contains findings and recommendations addressing a defendant’s motion to dismiss a prisoner civil-rights action for failure to prosecute and discovery violations. The magistrate judge recommends granting the motion under Federal Rules of Civil Procedure 37 and 41(b), denying the alternative discovery-related requests as moot, and dismissing the action with prejudice.

Holdings

1. Plaintiff's repeated refusal or failure to respond to discovery, despite repeated service, extensions, warnings, and a court order, constituted willful disregard of his discovery obligations and the court's orders and supported terminating sanctions.

Questions Presented

1. Whether Plaintiff's repeated failure to respond to discovery and comply with a court order constituted willful, bad-faith, or fault-based conduct warranting terminating sanctions.
2. Whether dismissal with prejudice was warranted under Federal Rules of Civil Procedure 37 and 41(b) after consideration of the five terminating-sanctions factors.
3. Whether Defendant's alternative motion to compel discovery and deem requests for admission admitted should be denied as moot if dismissal is recommended.

Disposition

other