Unpublished Disposition, 894 F.2d 409 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 894 F.2d 409 (9th Cir. 1990)

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.


MEMORANDUM* 

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.

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.

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

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