Opinion

Smith v. Board of Prison Term Personnel

  • 308 F. App'x 218
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 15, 2009
Status
Published
Cited by
0 cases
Authority
More cited than 10.4%

The opinion

MEMORANDUM **

James E. Smith, a California state prisoner, appeals pro se from the district court’s orders denying his motions for relief from judgment in his civil rights action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo an order ruling upon a Federal Rule of Civil Procedure 60(b)(4) motion. Export Group v. Reef Indus., Inc., 54 F.3d 1466, 1469 (9th Cir.1995). We affirm.

The district court properly denied Smith’s motions to void the judgment because he failed to present any coherent basis for relief. See United States v. Berke, 170 F.3d 882, 883 (9th Cir.1999) (“A final judgment is ‘void’ for purposes of Rule 60(b)(4) only if the court that considered it lacked jurisdiction, either as to the subject matter of the dispute or over the parties to be bound, or acted in a manner inconsistent with due process of law.”).

We lack jurisdiction to consider Smith’s challenges to the underlying judgment because the notice of appeal was filed more than thirty days after entry of the judgment, and the motions to vacate did not toll the time to appeal from the judgment. See Fed. R.App. P. 4(a).

Smith’s remaining contentions are unpersuasive.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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