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REED v. OHIO SAVINGS BANK (2021)

United States Court of Appeals, Ninth Circuit.2021-06-30No. No. 20-55217

Summary

Holding. The court affirmed the district court's denial of Reed's motion for relief under Rule 60(b), finding no abuse of discretion where Reed presented no valid basis for such relief and failed to file a timely notice of appeal of the underlying judgment.

John Reed appealed pro se from a district court order denying his motion for relief under Federal Rule of Civil Procedure 60(b) in a foreclosure-related case. The appellate court found no abuse of discretion in the denial because Reed failed to establish any valid ground for the requested relief under Rule 60(b). Additionally, the court declined to address Reed's challenges to the underlying judgment itself, noting that he did not file a timely notice of appeal within the required 30-day window and that his Rule 60(b) motion, filed more than 28 days after judgment, did not extend the appeal deadline.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether district court abused discretion in denying Rule 60(b) motion for relief
  • Timeliness of notice of appeal in foreclosure action
  • Whether Rule 60(b) motion tolls time to appeal

Procedural posture

Reed appealed pro se from a district court post-judgment order denying his motion for relief under Federal Rule of Civil Procedure 60(b) in a foreclosure case.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

John K. Reed appeals pro se from the district courts post-judgment order in his action alleging federal and state law claims arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not abuse its discretion by denying Reeds motion for relief under Federal Rule of Civil Procedure 60(b) because Reed failed to demonstrate any basis for such relief. See id. at 1263 (setting forth grounds for relief under Rule 60(b)); see also United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 271, 130 S.Ct. 1367, 176 L.Ed.2d 158 (2010) (Rule 60(b)(4) “applies only in the rare instance” of a certain type of jurisdictional error or violation of due process); Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1102-04 (9th Cir. 2006) (Rule 60(b)(6) relief may be granted only where extraordinary circumstances are present); Engleson v. Burlington N. R. Co., 972 F.2d 1038, 1043-44 (9th Cir. 1992) (discussing grounds for equitable relief under Rule 60(b)(1)).

We do not consider Reeds contentions regarding the underlying judgment because Reed failed to file a timely notice of appeal as to the judgment. See Fed. R. App. P. 4(a)(1)(A) (notice of appeal must be filed within 30 days of judgment). Because Reeds motion for relief under Rule 60(b) was filed more than 28 days after the entry of judgment, it did not toll the time to file a notice of appeal. See Fed. R. App. P. 4(a)(4)(A)(vi).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Reeds request for lis pendens is denied.

AFFIRMED.