William Whitsitt v. Jean Zedlitz

MEMORANDUM

William J. Whitsitt appeals pro se from the district court’s order denying his motion for relief from judgment in.his 42 U.S.C. § 1983 action alleging constitutional claims arising from a traffic stop. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not abuse its discretion by denying Whitsitt’s motion for relief from judgment, filed on July 1, 2014, because Whitsitt failed to demonstrate any basis for relief not previously urged. See id. at 1263 (setting forth grounds for relief from judgment under Fed. R. Civ. P. 60(b)).

To the extent that Whitsitt challenges the district court’s prior orders entered following remand by this court, we lack jurisdiction because Whitsitt did not file a timely notice of appeal after the district court entered judgment on July 19, 2013, or after the district court denied Whitsitt’s earlier motion for relief from judgment on October 7, 2013. See Fed. R. App. P. 4(a)(1)(A) (notice of appeal must be filed within 30 days after entry of judgment or order appealed from);…