Gregory Brown v. Richard Morgan

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 3 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

GREGORY TYREE BROWN, No. 22-35884

Plaintiff-Appellant, D.C. No. 3:16-cv-05975-BHS

v. MEMORANDUM* RICHARD L. MORGAN; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Submitted May 29, 2024**

Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.

Washington state prisoner Gregory Tyree Brown appeals pro se from the

district court’s order denying his Federal Rule of Civil Procedure 60(b) motion to

vacate the judgment dismissing his 42 U.S.C. § 1983 action. We have jurisdiction

under 28 U.S.C. § 1291. We review for an abuse of discretion. Latshaw v. Trainer

* 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). Wortham & Co., Inc., 452 F.3d 1097, 1100 (9th Cir. 2006). We affirm.

The district court did not abuse its discretion in denying Brown’s motion to

vacate the judgment because Brown failed to demonstrate he is entitled to such

relief. See id. at 1103 (explaining that Rule 60(b)(6) “is to be utilized only where

extraordinary circumstances prevented a party from taking timely action to prevent

or correct an erroneous judgment” (citation and internal quotation marks omitted)).

All pending requests are denied.

AFFIRMED.

2 22-35884