Unpublished Disposition, 878 F.2d 1438 (9th Cir. 1989)

MEMORANDUM^** 

Majid Rasheed Atraqchi and Irene Atraqchi appeal pro se the district court's denial of their Fed. R. Civ. P. 60(b) motion, seeking relief from a dismissal of their 42 U.S.C. § 1983 complaint on the grounds of (1) newly discovered evidence; (2) fraud, misrepresentation, and misconduct on the part of witnesses and the defendants, and (3) restriction of their actions because of lack of counsel and economic and other conditions.

The judgment is affirmed. The Atraqchis' motion for relief on the grounds of newly discovered evidence and fraud, misrepresentation or misconduct of an adverse party is time-barred because the motion was made over 27 months after the judgment dismissing their complaint was entered. See Fed. R. Civ. P. 60(b) (a motion for relief based on newly discovered evidence or fraud, misrepresentation or misconduct must be made not more than one year after the judgment was entered). Furthermore, the district court did not abuse its discretion in denying the motion based on the restriction of their action because of economic and other conditions and absence of counsel. Even if these grounds were construed to fit within Rule 60(b) (6), such a motion must be made within a reasonable time. The district court properly found that 27 months after judgment was entered was not a reasonable time where the basis of the motion was known at the time the underlying judgment was entered. See Ashford v. Steuart, 657 F.2d 1053, 1055 (9th Cir. 1981) (reasonable time depends on the facts of each case, and ability to learn earlier of the grounds relied upon is a relevant consideration).

AFFIRMED.