George K. Gordon v. The State of Idaho
Court of Appeals for the Ninth Circuit
1Opinion of the Court
PREGERSON, Circuit Judge:
The district court, under Fed.R.Civ.P. 37(b)(2)(C), dismissed with prejudice George K. Gordon’s federal civil rights action for failure to comply with a discovery order that required him to take an oath or affirmation. Gordon appeals pro se. He contends that the district court, by dismissing the action, violated his First Amendment *1399rights because taking an oath or affirmation is repugnant to his religious beliefs. We conclude that the district court abused its discretion in dismissing the action, and we reverse.
FACTS AND PROCEDURAL HISTORY
George K. Gordon filed a pro…
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