James Jeremiah v. Steve Lincoln

MEMORANDUM

James J. Jeremiah appeals pro se from the district court’s summary judgment in his action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 265 (9th Cir. 1991). We affirm.

The district court properly granted summary judgment because Jeremiah failed to meet his burden of “producing] specific evidence, through affidavits or admissible discovery material, to show that a dispute exists.” Id. (citing Fed. R. Civ. P. 56(e)).

The district court did not abuse its discretion in denying Jeremiah’s Rule 60(b) motion seeking to vacate summary judgment because Jeremiah did not demonstrate any grounds warranting, such relief. See Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for relief).

The district court did not abuse its discretion in denying Jeremiah’s motions to amend his complaint because his first motion failed to comply with local rules and his proposed second amended complaint presented no new facts that could not have been presented in the operative first amended complaint. See…