Arthur West v. United States Secretary of Def, et al, No. 08-35785 (9th Cir. 2010)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 05 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ARTHUR S. WEST, No. 08-35785 Plaintiff - Appellant, D.C. No. 3:07-05580-RBL v. MEMORANDUM * WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES; et al., Defendants - Appellees, and UNITED STATES SECRETARY OF DEFENSE; et al., Defendants. Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding Submitted September 22, 2010 ** Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court did not abuse its discretion by denying Arthur S. West s ( West ) motion to reconsider because he presented no grounds justifying relief under Federal Rule of Civil Procedure 60(b). See Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985) (listing grounds for reconsideration under Rule 60(b)). We lack jurisdiction to consider West s challenges to the underlying judgment because the notice of appeal was filed more than sixty days after entry of judgment, and the motion to reconsider did not toll the time to appeal from the judgment. See Fed. R. App. P. 4(a)(1)(B), (a)(4)(A)(vi). West s remaining contentions are unpersuasive. AFFIRMED. 2 08-35785

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.