Unpublished Disposition, 872 F.2d 428 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 872 F.2d 428 (9th Cir. 1989)

Irving H. KAYE; Audrey F. Kaye, Plaintiffs/Appellants,v.SOCIAL SECURITY ADMINISTRATION, Defendant/Appellee.

No. 87-2429.

United States Court of Appeals, Ninth Circuit.

Submitted*  Jan. 31, 1989.Decided March 9, 1989.

Before TANG, NELSON and REINHARDT, Circuit Judges.


Irving and Audrey Kaye appeal pro se from the dismissal of their complaint alleging improper withholding of social security benefits and the denial of their motion requesting reconsideration of dismissal. The judgment is affirmed.

The district court's refusal to grant oral argument at the summary judgment hearing, if error, does not require reversal because it did not prejudice the Kayes. Houston v. Bryan, 725 F.2d 516, 518 (9th Cir. 1984). The district court correctly granted summary judgment in favor of the Social Security Administration (Administration) because the government presented substantial evidence that the Administration's withholding of benefits was proper. Further, the court properly denied the Kayes' request for contempt sanctions because there was no clear and convincing evidence that the Administration failed to obey court orders. Matter of Battaglia, 653 F.2d 419, 422 (9th Cir. 1981). Finally, the court properly denied the Kayes' request that their dismissal be vacated because there were no grounds for granting relief to the Kayes under Fed. R. Civ. P. 60(b). See In re M/V Peacock in Complaint of Edwards, 809 F.2d 1403, 1404-05 (9th Cir. 1987); United States v. Sparks, 685 F.2d 1128, 1130 (9th Cir. 1982).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3