Samuel Dodson v. Nevada Department of Corr.

707 F. App'x 498

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 22, 2017
• Docket: 16-17264
• Status: Unpublished

Opinion

MEMORANDUM **

Samuel Dodson, a Nevada state prisoner, appeals pro se from the district court’s order denying his Federal Rule of Civil Procedure 60(b)(6) motion for relief from judgment in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a district court’s denial of a Rule 60(b) motion. Foley v. Biter, 793 F.3d 998, 1001 (9th Cir. 2016), We affirm.

The district court did not abuse its discretion by denying Dodson’s motion for relief because Dodson failed to show “extraordinary circumstances prevented [him] from timely action to prevent or correct an erroneous judgment.” Greenawalt v. Stewart, 105 F.3d 1268, 1273 (9th Cir. 1997) (citation and internal quotation marks omitted).

AFFIRMED.

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