Van Beek v. United States

63 F. App'x 976
Court of Appeals for the Ninth Circuit·Decided May 20, 2003·No. No. 02-35823·Published

Opinion

MEMORANDUM **

Gys Jansen Van Beek and Zwaantje Jansen Van Beek appeal from the district court’s denial of their motion to vacate a civil judgment of quiet title pursuant to Fed.R.Civ.P. 60(b)(4). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, see Maraziti v. Thorpe, 52 F.3d 252, 253-54 (9th Cir.1995), and may affirm on any basis finding adequate support in the record, see Smith v. Block, 784 F.2d 993, 996 n. 4 (9th Cir.1986). We affirm.

[977] Because the district court entered a judgment and decree of quiet title in this case in 1998, which this court affirmed in 1995, the Van Beeks failed to move to reopen this case within a reasonable time. See Fed.R.Civ.P. 60(b); McKinney v. Boyle, 447 F.2d 1091, 1093 (9th Cir.1971) (holding that a delay of more than four years was unreasonable).

AFFIRMED.

Footnotes

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Van Beek v. United States, 63 F. App'x 976 (9th Cir. 2003).

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