NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 22 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

ROBERT R. SNYDER, No. 23-55037

Plaintiff-Appellant, D.C. No. 3:22-cv-00432-MMA- WVG v.

KATHLEEN ALLISON, Secretary, CDCR; MEMORANDUM* RAYMOND MADDEN, Warden,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

Submitted September 12, 2023**

Before: CANBY, CALLAHAN, and OWENS, Circuit Judges.

California state prisoner Robert R. Snyder appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action alleging Eighth

Amendment violations. We have jurisdiction under 28 U.S.C. § 1291. We review

for an abuse of discretion a dismissal for failure to prosecute. 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, 642 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion in dismissing Snyder’s action

for failure to prosecute where Snyder failed to file a timely amended complaint.

See Pagtalunan, 291 F.3d at 642-643 (discussing factors a court should consider

before dismissing an action for failure to comply with a court order).

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 23-55037