Alvin Dalton v. Koenig ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 21 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALVIN DALTON, No. 21-16727
Plaintiff-Appellant, D.C. No. 4:20-cv-06568-JSW
v.
MEMORANDUM*
KOENIG, Warden,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted March 14, 2023**
Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.
California state prisoner Alvin Dalton appeals pro se from the district court’s
order denying his post-judgment motion for sanctions in his 42 U.S.C. § 1983action alleging constitutional claims. We have jurisdiction under 28 U.S.C.
§ 1291. We review for an abuse of discretion. Winterrowd Am. Gen. Annuity Ins.
*
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).
Co., 556 F.3d 815, 819 (9th Cir. 2009). We affirm.
The district court did not abuse its discretion in denying Dalton’s motion for
sanctions because Dalton failed to demonstrate any basis for an award of sanctions.
See Fink v. Gomez, 239 F.3d 989, 991 (9th Cir. 2001) (“Three primary sources of
authority enable courts to sanction parties or their lawyers for improper conduct:
(1) Federal Rule of Civil Procedure 11, which applies to signed writings filed with
the court, (2) 28 U.S.C. § 1927, which is aimed at penalizing conduct that
unreasonably and vexatiously multiplies the proceedings, and (3) the court’s
inherent power.”).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 487 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions are denied.
AFFIRMED.
2 21-16727