Malcolm Tandy Lamon Stroud v. Pruitt, et al.

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning Plaintiff’s failure to comply with an order compelling discovery. The court granted Defendants’ motion for terminating sanctions under Federal Rule of Civil Procedure 37(b)(2) and dismissed the action with prejudice. The Clerk of Court was directed to close the case.

Holdings

1. Terminating sanctions, including dismissal with prejudice, were appropriate because Plaintiff failed to comply with the court's order compelling discovery production and acted in bad faith.
2. The district court adopted the findings and recommendations in full after conducting de novo review under 28 U.S.C. § 636(b)(1).

Questions Presented

1. Whether terminating sanctions under Federal Rule of Civil Procedure 37(b)(2), including dismissal with prejudice, were appropriate because Plaintiff failed to comply with the court's discovery order.
2. Whether the district court should adopt the magistrate judge's findings and recommendations after conducting de novo review under 28 U.S.C. § 636(b)(1).

Disposition

dismissed