Paul Shearer v. United States

MEMORANDUM

Paul Gregory Shearer appeals pro se from the district court’s partial denial of a motion to amend the judgment in his action seeking compensation for various property rights taken by the United States. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a denial of a motion to amend the judgment, Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993), and we affirm.

The district court did not abuse its discretion in denying in part Shearer’s motion to amend the judgment because Shearer’s claim for additional interest payments on the properties taken pursuant to Public Law 105-83, Section 120 , was foreclosed by the full and final settlement agreement he entered in 2008. See Turner v. Burlington N. Santa Fe R.R. Co., 338 F.3d 1058, 1063 (9th Cir. 2003) (setting forth grounds under which district courts may amend a judgment).

Similarly, Shearer’s contentions regarding the dismissal of his claims for compensation for Parcels 3,14, and 20 are mooted by the settlement agreement, which includes a final resolution of all claims for compensation as to those Parcels.

The district court did not abuse its…