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Brown v. Rio Cosumnes Corr. Ctr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 23, 2021
No. 2:20-cv-1369 KJN P (E.D. Cal. Feb. 23, 2021)

Opinion

No. 2:20-cv-1369 KJN P

02-23-2021

BRIAN BROWN, Plaintiff, v. RIO COSUMNES CORRECTIONAL CENTER, Defendant.


ORDER TO SHOW CAUSE

Plaintiff, a county inmate proceeding pro se and in forma pauperis, proceeds with a civil rights action pursuant to 42 U.S.C. § 1983. On January 21, 2021, defendant filed a motion to compel discovery pursuant to Rules 33, 34, and 37 of the Federal Rules of Civil Procedure, and Local Rule 230(1). Defendant seeks a court order requiring plaintiff to provide verified responses, without objection, to defendant's first set of interrogatories and request for production of documents. Plaintiff has not opposed the motion.

Plaintiff is advised of the following. Local Rule 230(1) provides in part: "Failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . ." Id. Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." Id.; see also ECF No. 10, ¶ 16. Federal Rule of Civil Procedure 37 authorizes the imposition of sanctions for discovery violations, including a party's failure to obey a court order to provide or permit discovery. Fed. R. Civ. P. 37(b)(2)(A). Such sanctions may include ordering a party to pay the reasonable expenses, including attorney's fees, caused by the failure to comply with the order or rule. Fed. R. Civ. P. 37(b)(2)(C). A court may also dismiss an action in whole or in part. Fed. R. Civ. P. 37(b)(2)(A)(v).

Accordingly, IT IS HEREBY ORDERED that, within twenty-one days from the date of this order, plaintiff shall show cause why the motion should not be granted. Dated: February 23, 2021

/s/_________

KENDALL J. NEWMAN

UNITED STATES MAGISTRATE JUDGE /brow1369.osc


Summaries of

Brown v. Rio Cosumnes Corr. Ctr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 23, 2021
No. 2:20-cv-1369 KJN P (E.D. Cal. Feb. 23, 2021)
Case details for

Brown v. Rio Cosumnes Corr. Ctr.

Case Details

Full title:BRIAN BROWN, Plaintiff, v. RIO COSUMNES CORRECTIONAL CENTER, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 23, 2021

Citations

No. 2:20-cv-1369 KJN P (E.D. Cal. Feb. 23, 2021)