Terry Miller v. Craig Apker

MEMORANDUM

Terry Michael Miller appeals pro se from the district court’s order denying his motion to reconsider the district court’s summary judgment in his action under the Federal Tort Claims Act, 28 U.S.C. § 1346 , and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). We have jurisdiction under . 28 U.S.C. § 1291 . We review for abuse of discretion, Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255 (9th Cir. 1993), and we affirm.

The district court did not abuse its discretion by denying Miller’s motion to reconsider because Miller did not identify any grounds for relief from the judgment. See Fed. R. Civ. P. 59(e); Sch. Dist. No. 1J, 5 F.3d at 1263 (setting forth grounds for reconsideration).

We lack jurisdiction to review Miller’s challenges to the district court’s January 12, 2015 order granting summary judgment because Miller did not file a timely notice of appeal or a timely post-judgment tolling motion. See Fed. R. App. P. 4(a)(l)A); Fed. R. App. P. 4(a)(4); Fed. R. Civ. P. 59(e) (motion must be filed within 28 days from entry of judgment); Fiester v. Turner, 783 F.2d 1474, 1475…