Jake Henderson v. Derral Adams

401 F. App'x 300

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 28, 2010
• Docket: 08-56302
• Status: Unpublished

Opinion

MEMORANDUM **

Jake Henderson appeals from the district court’s order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson’s motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) (“A motion under Rule 60(b) must be made within a reasonable time.... ”); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (holding that it was not an abuse of discretion to find an unexcused two-year delay unreasonable).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.