NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 19 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT CONSTANTINO BASILE, No. 18-16332

Plaintiff-Appellant, D.C. No. 2:15-cv-01883-RFB-VCF v.

MEMORANDUM* SOUTHWEST AIRLINES COMPANY,

Defendant-Appellee.

Appeal from the United States District Court

for the District of Nevada

Richard F. Boulware II, District Judge, Presiding

Submitted March 12, 2019** Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.

Constantino Basile appeals pro se from the district court’s judgment dismissing for failure to comply with a court order to submit to a medical examination under Federal Rule of Civil Procedure 35 his diversity action alleging defamation. We have jurisdiction under 28 U.S.C. § 1291. We review for an

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing Basile’s action after Basile failed to comply with a court order. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (discussing factors to be considered before dismissing a case for failure to comply with a court order and stating that a district court’s dismissal should not be disturbed absent “a definite and firm conviction” that it “committed a clear error of judgment” (citations and internal quotation marks omitted)).

Because we affirm the district court’s dismissal of Basile’s action for failure to comply with a court order, we do not consider his challenges to the district court’s interlocutory orders. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996) (“[I]nterlocutory orders, generally appealable after final judgment, are not appealable after a dismissal for failure to prosecute, whether the failure to prosecute is purposeful or is a result of negligence or mistake.” (citation and internal quotation marks omitted)).

Basile’s motion to transmit exhibits (Docket Entry No. 3) is denied as unnecessary.

AFFIRMED.

2 18-16332