NOT FOR PUBLICATION FILED

JUL 21 2020

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARILYN COULON, No. 19-55116

Plaintiff-Appellant, D.C. No. 2:17-cv-05340-FMO-

FFM

v.

RICHARD D. FAIRBANK, CEO of Capital MEMORANDUM* One,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Fernando M. Olguin, District Judge, Presiding

Submitted July 14, 2020**

Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Marilyn Coulon appeals pro se from the district court’s post-judgment order

denying her Fed. R. Civ. P. 60(b) motion in her action alleging violations of

the Americans with Disabilities Act and the Fair Housing Act. We have

jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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 Coulon’s post-

judgment Rule 60(b) motion because Coulon failed to demonstrate any basis for

relief. See id. at 1263 (grounds for relief from judgment under Rule 60(b)); see

also Casey v. Albertson’s Inc., 362 F.3d 1254, 1257, 1260 (9th Cir. 2004) (to

prevail under Rule 60(b)(3), the “moving party must prove by clear and convincing

evidence” that judgment was obtained through fraud, misrepresentation, or other

misconduct that was not “discoverable by due diligence before or during the

proceedings” (citation and internal quotation marks omitted)); Feature Realty, Inc.

v. City of Spokane, 331 F.3d 1082, 1093 (9th Cir. 2003) (three-part test to prevail

under Rule 60(b)(2)).

AFFIRMED.

2 19-55116