Robert Snyder v. Kathleen Allison

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 22 2023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.

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