ALEX SCOTT V. SCOTT ELIASON, No. 23-35083 (9th Cir. 2023)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED NOV 21 2023 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ALEX DAVID TONY SCOTT, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 23-35083 D.C. No. 1:22-cv-00227-BLW v. MEMORANDUM* SCOTT ANDERS ELIASON, MD, Defendant-Appellee. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding Submitted November 14, 2023** Before: SILVERMAN, WARDLAW, and TALLMAN, Circuit Judges. Idaho state prisoner Alex David Tony Scott appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging violations of his First and Eighth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)); Resnick v. Hayes, 213 F.3d 443, * 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). 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm. The district court properly dismissed Scott’s action because Scott failed to allege facts sufficient to state a plausible claim. See Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are to be construed liberally, a plaintiff must present factual allegations sufficient to state a plausible claim for relief); see also Jones v. Williams, 791 F.3d 1023, 1031-32 (9th Cir. 2015) (elements of a § 1983 free exercise claim); Toguchi v. Chung, 391 F.3d 1051, 1057-58 (9th Cir. 2004) (elements of a § 1983 medical deliberate indifference claim). 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). We do not consider documents not filed with the district court. See United States v. Elias, 921 F.2d 870, 874 (9th Cir. 1990). All pending motions are denied. AFFIRMED. 2 23-35083

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