YOKOIS v. RYAN (2020)

United States Court of Appeals, Ninth Circuit.

Douglas D. YOKOIS, Plaintiff-Appellant, v. Charles L. RYAN, Director of Arizona Department of Corrections, and individually; et al., Defendants-Appellees.

No. 18-16701

Decided: March 06, 2020

Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

Mira Chernick, DOJ-USAO, Sacramento, CA, Kimberly A. Sanchez, Esquire, Assistant U.S. Attorney, DOJ-USAO, Fresno, CA, for Plaintiff - Appellee Andrea Renee St. Julian, Esquire, Attorney, Andrea St. Julian, San Diego, CA, for Defendant - Appellant

MEMORANDUM **

Arizona state prisoner Douglas D. Yokois appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action for failure to comply with a court order. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We affirm.

The district court did not abuse its discretion by dismissing Yokois's action after Yokois failed to comply with the district court's order directing him to file a third amended complaint and warning him that failure to comply would result in dismissal. See id. at 642 (discussing factors to be considered before dismissing an action for failure to comply with a court order).

We reject as meritless Yokois's contentions that the district court acted improperly by failing to appoint counsel sua sponte or excuse him from complying with the local pleading rules.

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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