(PC) Stevens v. Beard

Opinion

LYRALISA LAVENA STEVENS, Case No. 1:17-cv-1002 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, GRANTING v. DEFENDANTS’ MOTION FOR TERMINATING SANCTIONS, DISMISSING JEFFREY BEARD, et al. THE ACTION WITH PREJUDICE, AND DIRECTING THE CLERK OF COURT TO Defendants. CLOSE THE CASE (Docs. 88, 92) Lyralisa Lavena Stevens, a former state prisoner, asserts the defendants violated her civil rights under the Eighth Amendment by denying gender-affirming surgery. (Doc. 1; see also Doc. 49 at 1-2.) Defendants move for terminating sanctions after Plaintiff failed to appear at her deposition, despite the Court’s order directing her to participate in the deposition. (Doc. 88.) The magistrate judge found Plaintiff failed to comply with the order to appear in person at a deposition, despite a warning that failure to comply would result in dismissal. (See Doc. 92 at 11; see also Doc. 87.) The magistrate judge considered each of the factors identified by the Ninth Circuit in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), and found the factors weighed in favor of dismissal. (Doc. 92 at 3, 6-11.) Therefore, the magistrate judge recommended the Court grant Defendants’ motion for terminating sanctions and dismiss the action with prejudice. (Id. at 11.) The Court served the Findings and Recommendations on Plaintiff and notified her that any objections were due within 30 days. (Doc. 92 at 11.) The Court advised Plaintiff that the “failure to file objections within the specified time may result in the waiver of nights on appeal.” Ud., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Plaintiff did not file objections, and the time to do so expired. According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported by the record and proper analysis. Thus, the Court ORDERS: 1. The Findings and Recommendations dated January 27, 2025 (Doc. 92) are ADOPTED in full. 2. Defendants’ motion for terminating sanctions (Doc. 88) is GRANTED. 3. The action is DISMISSED with prejudice. 4. The Clerk of Court is directed to close this case. Dated: _ February 20, 2025 Charis [Tourn TED STATES DISTRICT JUDGE