John Turner v. High Desert State Prison

695 F. App'x 336

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 16, 2017
• Docket: 16-16574
• Status: Unpublished

Opinion

MEMORANDUM **

John Turner, a Nevada state prisoner, appeals pro se from the district court’s order denying his motion for relief from judgment following the dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9th Cir. 2000), and we affirm.

The district court did not abuse its discretion by denying Turner’s motion for relief from judgment under Fed. R. Civ. P. 60(b)(1) because Turner failed to inform the court of his change of address as required by United States District Court District of Nevada Local Rule 2-2, and failed to show excusable neglect. See id. at 1223-24 (discussing Pioneer-Briones factors to determine whether neglect is excusable).

All pending motions and requests are denied.

AFFIRMED.

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