Robert R. Snyder v. KATHLEEN ALLISON, Secretary, CDCR; RAYMOND MADDEN, Warden

23-55037Court of Appeals for the Ninth CircuitSep 22, 2023

Full text

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROBERT R. SNYDER,
Plaintiff-Appellant,
v.
KATHLEEN ALLISON, Secretary, CDCR;
RAYMOND MADDEN, Warden,
Defendants-Appellees.
No. 23-55037
D.C. No. 3:22-cv-00432-MMA-
WVG
MEMORANDUM*
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).
FILED
SEP 22 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-55037
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.

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