Mychael Shannon v. Ikegbu

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MYCHAEL TYRONE SHANNON, No. 20-16133
Plaintiff-Appellant, D.C. No. 2:18-cv-00161-WBS-EFB
v.
MEMORANDUM*
IKEGBU, Chief Physician & Surgeon; S.
GATES, Chief of Appeals,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
William B. Shubb, District Judge, Presiding
Submitted April 20, 2021**
Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.
California state prisoner Mychael Tyrone Shannon appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We
review for an abuse of discretion a district court’s dismissal for failure to comply
*
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).
with a court order. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002). We
affirm.
The district court did not abuse its discretion by dismissing Shannon’s action
under Federal Rule of Civil Procedure 41(b) because Shannon failed to advise the
district court as to whether he was electing to proceed with his cognizable claims
or file an amended complaint, despite being warned that failure to do so would
result in dismissal. See id. at 640, 642-43 (discussing factors to consider in
determining whether to dismiss under Rule 41(b) for failure to comply with a court
order; this court may review the record independently to determine if the district
court abused its discretion).
We do not consider allegations raised for the first time on appeal. See
Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 20-16133