Cory POCHE, Plaintiff-Appellant, v. EWALD, Police Officer, Defendant-Appellee, 471 F. App'x 678

MEMORANDUM Cory Poche appeals from the district court’s judgment in his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to prosecute under Rule 41(

b) of the Federal Rules of Civil Procedure. Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir.1986). We affirm. The district court did not abuse its discretion in dismissing Poche’s action because, despite multiple warnings, Poche failed to pursue default judgment in a prompt manner. See id. (factors for dismissing under Rule 41(b)). 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). Poche’s remaining contentions are unpersuasive. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.