Josip Dvornekovic v. William Looney

MEMORANDUM

Josip and Eileen Dvornekovic appeal pro se from the district court’s judgment dismissing their action alleging wrongful foreclosure and federal and state law violations. We have jurisdiction under 28 U.S.C. § ■ 1291. We review for an abuse of discretion the district court’s denial of the Dvornekovics’s motion for relief from the judgment under Fed.R.Civ.P. 60(b). Sch. Dist. No. 1J Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993). We affirm.

The district court did not abuse its discretion in denying the motion to vacate the judgment, because the Dvornekovics failed to demonstrate that such relief was warranted. See id. at 1263 (listing grounds upon which a party can seek relief from a judgment).

We lack jurisdiction to address the challenges to the judgment, because the Dvor-nekovics failed to file a timely notice of appeal or a timely post-judgment tolling motion. See Fed. RApp. P. 4(a)(1)(A) (notice of appeal must be filed within 30 days of final judgment); see also Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1462 (9th Cir.1992) (an untimely post-judgment motion typically does not toll the time to file an appeal of the underlying…