JOHN TURNER V. HIGH DESERT STATE PRISON, No. 16-16574 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED AUG 16 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOHN TURNER, U.S. COURT OF APPEALS No. 16-16574 Plaintiff-Appellant, D.C. No. 2:13-cv-01740-JAD-VCF v. MEMORANDUM* HIGH DESERT STATE PRISON; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding Submitted August 9, 2017** Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges. John Turner, a Nevada state prisoner, appeals pro se from the district court’s order denying his motion for relief from judgment following the dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9th * 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). Cir. 2000), and we affirm. The district court did not abuse its discretion by denying Turner’s motion for relief from judgment under Fed. R. Civ. P. 60(b)(1) because Turner failed to inform the court of his change of address as required by United States District Court District of Nevada Local Rule 2-2, and failed to show excusable neglect. See id. at 1223-24 (discussing Pioneer-Briones factors to determine whether neglect is excusable). All pending motions and requests are denied. AFFIRMED. 2 16-16574

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