FILED
NOT FOR PUBLICATION AUG 05 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JONATHAN McALLISTER, Sr., No. 12-16672
Plaintiff- Appellant, D.C. No. 2:10-cv-02638-JAT
v.
MEMORANDUM *
PRESTON, Licensed Practitioner, Nurse at
ADC/ASPC Eyman-Meadows Unit,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Jonathan McAllister, Sr., an Arizona state prisoner, appeals pro se from the
district court’s judgment dismissing for failure to comply with a court order his 42
*
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).
U.S.C. § 1983 action alleging constitutional violations. 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 McAllister’s
action without prejudice after McAllister failed to comply with the district court’s
March 12, 2012 order to show cause in a timely manner. See id., 291 F.3d at 642-
43 (discussing factors for dismissal under Fed. R. Civ. P. 41(b) and affirming
dismissal where three out of five factors supported it).
Because we affirm the district court’s dismissal under Rule 41(b), we do not
consider McAllister’s challenges to the district court’s interlocutory orders. See
Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996).
AFFIRMED.
2 12-16672