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Mikels v. Estep

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 4, 2017
No. 16-15602 (9th Cir. Oct. 4, 2017)

Opinion

No. 16-15602

10-04-2017

MARSHALL E. MIKELS, Plaintiff-Appellant, v. JAN ESTEP; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 3:12-cv-00056-EMC MEMORANDUM Appeal from the United States District Court for the Northern District of California
Edward M. Chen, District Judge, Presiding Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Marshall E. Mikels appeals pro se from the district court's order denying his post-judgment motion for relief from the district court's order dismissing his action alleging violations of the Truth in Lending Act ("TILA") and other claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court's denial of a Federal Rule of Civil Procedure 60(b) motion. Casey v. Albertson's Inc., 362 F.3d 1254, 1257 (9th Cir. 2004). We affirm.

The district court did not abuse its discretion by construing Mikels's motion to vacate as a Rule 60(b) motion and denying it because Mikels failed to file the motion "within a reasonable time." Fed. R. Civ. P. 60(c)(1); Ashford v. Steuart, 657 F.2d 1053, 1055 (9th Cir. 1981) (setting forth factors to determine whether a Rule 60(b) motion was filed within a "reasonable time").

Appellees' motion for judicial notice (Docket Entry No. 50) is denied as unnecessary.

AFFIRMED.


Summaries of

Mikels v. Estep

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 4, 2017
No. 16-15602 (9th Cir. Oct. 4, 2017)
Case details for

Mikels v. Estep

Case Details

Full title:MARSHALL E. MIKELS, Plaintiff-Appellant, v. JAN ESTEP; et al.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 4, 2017

Citations

No. 16-15602 (9th Cir. Oct. 4, 2017)