NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 23 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEAN ALLEN STEEVES, No. 21-56164

Plaintiff-Appellant, D.C. No. 3:21-cv-01265-CAB-MSB

v.

MEMORANDUM*

DOROTHY NELSON, Internal Revenue Service/Revenue Officer,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding

Submitted February 14, 2023**

Before: FERNANDEZ, FRIEDLAND, and H.A. THOMAS, Circuit Judges.

Dean Allen Steeves appeals pro se from the district court’s judgment

dismissing for lack of subject matter jurisdiction Steeves’s mandamus action

seeking to compel an Internal Revenue Service officer to respond to his inquiry.

We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Kildare v.

* 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). Saenz, 325 F.3d 1078, 1082 (9th Cir. 2003). We affirm.

The district court properly dismissed Steeves’s action for lack of subject

matter jurisdiction because Steeves did not establish that Nelson had a

nondiscretionary duty to respond to his letter requesting the basis for her authority

to issue Steeves’s tax assessment. See 28 U.S.C. § 1361; Kildare, 325 F.3d at 1084

(explaining the conditions for availability of mandamus relief).

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.

2 21-56164