Opinion
No. 15-55298
11-23-2016
ROBERT HENDERSON, Plaintiff-Appellant, v. JP MORGAN CHASE & COMPANY; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:14-cv-05960-DDP-PJW MEMORANDUM Appeal from the United States District Court for the Central District of California
Dean D. Pregerson, District Judge, Presiding Before: LEAVY, BERZON, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Robert Henderson appeals pro se from the district court's order dismissing his action alleging fraud and theft in connection with his veteran's benefits. We have jurisdiction under 28 U.S.C. §1291. We review for an abuse of discretion the district court's dismissal of an action for failure to comply with a court order. Malone v. U.S. Postal Serv., 833 F.3d 128, 130 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion in dismissing Henderson's action because Henderson failed to comply with court-ordered discovery even after the district court warned him that noncompliance could result in dismissal, and granted him three months to show good cause for his noncompliance. See id. (setting forth the five factors the district court must 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.