ANTHONY MANRIQUE V. U.S. BANK NATIONAL ASSOCIATION, No. 16-56799 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 26 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT U.S. COURT OF APPEALS In re: ANTHONY PAUL MANRIQUE, No. 16-56799 Debtor. ______________________________ D.C. No. 5:16-cv-00708-DOC ANTHONY PAUL MANRIQUE, MEMORANDUM* Appellant, v. U.S. BANK, as Trustee for Lehman XS Trust Mortgage Pass-Through Certificates, Series 2007-16N, Appellee. Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Anthony Paul Manrique appeals pro se from the district court’s order * 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). affirming the bankruptcy court’s order denying Manrique’s Federal Rule of Civil Procedure 60(b) motion. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the district court’s decision on appeal from the bankruptcy court and apply the same standards of review applied by the district court. Suncrest Healthcare Ctr. LLC v. Omega Healthcare Inv’rs, Inc. (In re Raintree Healthcare Corp.), 431 F.3d 685, 687 (9th Cir. 2005). We affirm. The bankruptcy court did not abuse its discretion by denying Manrique’s Rule 60(b) motion because Manrique failed to demonstrate any grounds for relief. See Fed. R. Bankr. P. 9024 (making Rule 60 applicable to bankruptcy cases); Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for relief under Rule 60(b)). The district court properly determined that Manrique’s appeal of the bankruptcy court’s underlying order was untimely because Manrique failed to file the notice of appeal with the bankruptcy clerk within 14 days of entry of the order as required by Fed. R. Bankr. P. 8002(a)(1). See 28 U.S.C. § 158(c)(2) (an appeal to the BAP or district court from a bankruptcy court must be taken within the time provided by Fed. R. Bankr. P. 8002); Anderson v. Mouradick (In re Mouradick), 13 F.3d 326, 327 (9th Cir. 1994) (“The provisions of Bankruptcy Rule 8002 are jurisdictional . . . .”). We reject as unsupported by the record Manrique’s contentions that the 2 16-56799 bankruptcy court and the district court violated due process in relation to Manrique’s Rule 60(b) motion. AFFIRMED. 3 16-56799

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