explaining that Rule 60(b)(6) “is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment” (citation and internal quotation marks omitted)
How later courts described this case
- explaining that Rule 60(b)(6) “is to be utilized only where extraordinary circumstances prevented a party from taking timely action to prevent or correct an erroneous judgment” (citation and internal quotation marks omitted)
Written by the judges who cited it.
The opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 3 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GREGORY TYREE BROWN, No. 22-35884
Plaintiff-Appellant, D.C. No. 3:16-cv-05975-BHS
v.
MEMORANDUM*
RICHARD L. MORGAN; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding
Submitted May 29, 2024**
Before: FRIEDLAND, BENNETT, and SANCHEZ, Circuit Judges.
Washington state prisoner Gregory Tyree Brown appeals pro se from the
district court’s order denying his Federal Rule of Civil Procedure 60(b) motion to
vacate the judgment dismissing his 42 U.S.C. § 1983 action. We have jurisdiction
under 28 U.S.C. § 1291. We review for an abuse of discretion. Latshaw v. Trainer
*
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).
Wortham & Co., Inc., 452 F.3d 1097, 1100 (9th Cir. 2006). We affirm.
The district court did not abuse its discretion in denying Brown’s motion to
vacate the judgment because Brown failed to demonstrate he is entitled to such
relief. See id. at 1103 (explaining that Rule 60(b)(6) “is to be utilized only where
extraordinary circumstances prevented a party from taking timely action to prevent
or correct an erroneous judgment” (citation and internal quotation marks omitted)).
All pending requests are denied.
AFFIRMED.
2 22-35884