894 F2d 409 Leithauser v. Block

894 F.2d 409

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Gail Anne Irene LEITHAUSER, Plaintiff-Appellant,
v.
Sherman BLOCK, Sheriff, et al., Defendants-Appellees.

No. 88-6375.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Jan. 9, 1990.
Decided Jan. 19, 1990.

Before FARRIS, BOOCHEVER and NOONAN, Circuit Judges.

1

MEMORANDUM*

2

The ruling of the district court denying Leithauser's Rule 60(b) motion is subject to abuse of discretion review. Browder v. Director, Dept. of Correction of Illinois, 434 U.S. 257, 263 n. 7, reh'g denied, 434 U.S. 1089 (1978). No such error occurred.

3

The district court properly denied Leithauser's Rule 60(b) motion as to defendants Block, Sonnenberg, and the City of Los Angeles, because her motion was entered more than a year after the date the original order was entered. Fed.R.Civ.P. 60(b). The district court also properly denied Leithauser's motion as to defendant Bernat because her motion did not establish neglect, inadvertance, mistake, surprise or fraud, and was untimely.

4

AFFIRMED.

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit rule 36-3