NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 6 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT LUDMILA BOIKO, No. 18-16777

Plaintiff-Appellant, D.C. No. 5:18-cv-03324-LHK v.

MEMORANDUM* SANTA CRUZ COUNTY,

Defendant-Appellee.

Appeal from the United States District Court

for the Northern District of California

Lucy H. Koh, District Judge, Presiding

Submitted March 3, 2020** Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

Ludmila Boiko appeals pro se from the district court’s order dismissing her action alleging federal claims arising from the mistreatment of her adult daughter. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to prosecute. Ash v. Cvetkov, 739 F.2d 493, 495

*

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). (9th Cir. 1984). We affirm.

The district court did not abuse its discretion by dismissing Boiko’s action because Boiko failed to file an amended complaint even after receiving an extension of time. See Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002) (discussing the five factors to consider in determining whether to dismiss under Fed. R. Civ. P. 41(b)); see also Dreith v. Nu Image, Inc., 648 F.3d 779, 788 (9th Cir. 2011) (this court reviews the record independently if the district court does not make explicit findings regarding each of the factors).

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

AFFIRMED.

2 18-16777