Fyk

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 11 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JASON FYK, No. 24-465 D.C. No. Plaintiff - Appellant, 4:18-cv-05159-HSG v.

MEMORANDUM*

FACEBOOK, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam Jr., District Judge, Presiding

Submitted November 22, 2024** Pasadena, California

Before: RAWLINSON, CHRISTEN, and JOHNSTONE, Circuit Judges.

Jason Fyk appeals the district court’s order denying his second Rule 60(b)

motion to vacate and set aside a judgment in favor of Facebook, Inc., and terminating

his freestanding “motion re: the (un)constitutionality of 47 U.S.C. § 230(c)(1).” We

* 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). have jurisdiction under 28 U.S.C. § 1291 and review for abuse of discretion the

denial of…