Spackman

MEMORANDUM

Rodney L. Plant, a former Idaho state prisoner, appeals pro se from the district court’s order denying his Federal Rule of Civil Procedure- 60(b) motion for relief from the order dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of the alleged denial of his right to practice his religion. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1100 (9th Cir. 2006), and we affirm.

The district court did not abuse its discretion by denying Plant’s Rule 60(b) motion because Plant failed to prove by clear and convincing evidence that defendants' engaged in fraud or other misconduct in connection with the settlement agreement, or establish extraordinary circumstances or any other ground warranting relief from the order of dismissal. See id. at 1103 (requirements for obtaining relief under Rule 60(b)(6)); Casey v. Albertson’s Inc., 362 F.3d 1254, 1260 (9th Cir. 2004) (requirements for obtaining relief under Rule 60(b)(3)). While the repudiation or complete frustration of a settlement agreement can constitute grounds to set aside a judgment under Rule 60(b)(6),…