MARSHALL MIKELS V. JAN ESTEP, No. 16-15602 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 4 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MARSHALL E. MIKELS, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 16-15602 D.C. No. 3:12-cv-00056-EMC v. MEMORANDUM* JAN ESTEP; et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding Submitted September 26, 2017** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Marshall E. Mikels appeals pro se from the district court’s order denying his post-judgment motion for relief from the district court’s order dismissing his action alleging violations of the Truth in Lending Act (“TILA”) and other claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). district court’s denial of a Federal Rule of Civil Procedure 60(b) motion. Casey v. Albertson’s Inc., 362 F.3d 1254, 1257 (9th Cir. 2004). We affirm. The district court did not abuse its discretion by construing Mikels’s motion to vacate as a Rule 60(b) motion and denying it because Mikels failed to file the motion “within a reasonable time.” Fed. R. Civ. P. 60(c)(1); Ashford v. Steuart, 657 F.2d 1053, 1055 (9th Cir. 1981) (setting forth factors to determine whether a Rule 60(b) motion was filed within a “reasonable time”). Appellees’ motion for judicial notice (Docket Entry No. 50) is denied as unnecessary. AFFIRMED. 2 16-15602

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