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Webster v. Dep't of Veterans Affairs

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 17, 2013
No. 12-16088 (9th Cir. Dec. 17, 2013)

Opinion

No. 12-16088 D.C. No. 2:09-cv-02433-JCM-VCF

12-17-2013

WILLIAM T. WEBSTER, Plaintiff - Appellant, v. DEPARTMENT OF VETERANS AFFAIRS; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

William T. Webster appeals pro se from the district court's judgment dismissing his action alleging federal and state law claims arising from his removal from transitional housing. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the imposition of discovery sanctions. Conn. Gen. Life Ins. Co. v. New Images of Beverly Hills, 482 F.3d 1091, 1096 (9th Cir. 2007). We affirm.

The district court did not abuse its discretion by imposing terminating sanctions under Fed. R. Civ. P. 37(b)(2) on the basis of Webster's willful violations of the court's discovery orders that prevented defendants from conducting meaningful discovery. See Conn. Gen. Life Ins. Co., 482 F.3d at 1096-97 (discussing factors for evaluating terminating sanctions, and noting that terminating sanctions may be appropriate "[w]here a party so damages the integrity of the discovery process that there can never be assurance of proceeding on the true facts" (citation and internal quotation marks omitted)).

Webster's contentions concerning the denial of his motion for partial summary judgment are unsupported by the record. See Balvage v. Ryderwood Improvement & Serv. Ass'n, Inc., 642 F.3d 765, 775 (9th Cir. 2011) (setting forth standard of review).

AFFIRMED.


Summaries of

Webster v. Dep't of Veterans Affairs

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 17, 2013
No. 12-16088 (9th Cir. Dec. 17, 2013)
Case details for

Webster v. Dep't of Veterans Affairs

Case Details

Full title:WILLIAM T. WEBSTER, Plaintiff - Appellant, v. DEPARTMENT OF VETERANS…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 17, 2013

Citations

No. 12-16088 (9th Cir. Dec. 17, 2013)