Mike Chambers v. NICHOLAS GUTIERREZ, Chief Admin & Support

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIKE CHAMBERS,
Plaintiff - Appellant,
v.
NICHOLAS GUTIERREZ, Chief Admin
& Support,
Defendant - Appellee.
No. 10-55884
D.C. No. 2:09-cv-06570-JHN-
FMO
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Jacqueline H. Nguyen, District Judge, Presiding
Submitted September 27, 2011**
Before: SILVERMAN, W. FLETCHER, and MURGUIA, Circuit Judges.
Mike Chambers appeals pro se from the district court’s order dismissing his
action alleging that his former supervisor abused his authority in connection with
Chamber’s termination and committed fraud in violation of federal law. We have
FILED
OCT 13 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the
dismissal of an action for failure to comply with a court order, Pagtalunan v.
Galaza, 291 F.3d 639, 640 (9th Cir. 2002), and we affirm.
The district court did not abuse its discretion in dismissing Chambers’s
action because Chambers failed to file a response to an order to show cause as to
why the action should not be dismissed for failure to prosecute after the court
instructed him on how to manually file his response and gave him an extension of
time to do so. See id. at 642–43 (discussing factors for dismissing under Rule
41(b) and affirming dismissal where three out of five factors supported it).
We do not consider arguments and allegations raised for the first time on
appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).
AFFIRMED.

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