Robert Hill v. Score Jail

U.S. Court of Appeals for the Ninth Circuit

Robert Hill v. Score Jail

Opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 25 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT ROBERT HILL, No. 18-35913

Plaintiff-Appellant, D.C. No. 2:17-cv-01804-RSM v.

MEMORANDUM* SCORE JAIL, a Municipal Corporation; et al.,

Defendants-Appellees.

Appeal from the United States District Court

for the Western District of Washington

Ricardo S. Martinez, District Judge, Presiding

Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

Robert Hill, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with a court order. Pagtalunan v.

*

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). Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing Hill’s action after granting Hill three extensions of time to respond to the court’s order to show cause and warning him that failure to respond would result in dismissal. See id. at 642 (setting forth factors for determining whether an action should be dismissed for failure to comply with a court order); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (trial court’s dismissal will be disturbed only if there is “a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors” (citation and internal quotation marks omitted)).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Hill’s request for judicial notice (Docket Entry No. 10) is granted.

AFFIRMED.

2 18-35913

Reference

Status
Unpublished