John Fesler Lance v. James B. Wheelis, E. Eugene Atherton, E. Eugene Atherton, P.C.

891 F.2d 295 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Fesler LANCE, Plaintiff-Appellant, v. James B. WHEELIS, E. Eugene Atherton, E. Eugene Atherton, P.C., et al., Defendants-Appellees. Nos. 88-4345, 88-4380. United States Court of Appeals, Ninth Circuit. Submitted Nov. 7, 1989. * Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Lance 1 appeals from the district court's denial of his motion for a nunc pro tunc order brought under Fed.R.Civ.P. 60(b)(4) to alter a judgment and order dismissing his action in March of 1984. He also appeals from the denial of his petition to file a reply brief. We affirm. 3 Lance contends that the district court incorrectly ruled on his motion because it did not hold a hearing or consider evidence; that the district court incorrectly denied his petition to file a reply brief; that an order entered in this action on December 15, 1983 which required Lance to shorten his…