Robert R. Parker, Jr., Plaintiff-appellant, v. Betty J. Reynolds, in Her Individual and Representativecapacity; Oregon Government Ethics Commission,defendants-appellees, 108 F.3d 338 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 108 F.3d 338 (9th Cir. 1997) Submitted Feb. 18, 1997. *Decided Feb. 20, 1997

Before: ALARCN, CANBY, and TASHIMA, Circuit Judges.

MEMORANDUM** 

Robert R. Parker, Jr. appeals pro se the district court's order denying his motion, brought pursuant to Fed. R. Civ. P. 60(b) (4), to vacate the judgment entered against him and to reinstate the complaint in his civil rights action against the Oregon Government Ethics Commission and its former Executive Director, Betty J. Reynolds.

We agree with the district court that the motion should be considered as having been brought pursuant to Rule 60(b) (3), which allows a judgment to be set aside because of an adverse party's misconduct, and that having been filed more than a year after entry of judgment, is untimely.

AFFIRMED.1 

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 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 9th Cir.R. 36-3

 1

Parker's motion to disqualify Circuit Judges Beezer, Kozinski, and Kleinfeld is denied as moot

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