John Hildreth Atkins v. Officer Weaver City of Newberg

967 F.2d 583 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 Hildreth ATKINS, Plaintiff-Appellant, v. Officer WEAVER; City of Newberg, Defendants-Appellees. No. 91-36219. United States Court of Appeals, Ninth Circuit. Submitted June 24, 1992. * Decided June 30, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 John Hildreth Atkins appeals pro se the district court's denial of his postjudgment motion for a new trial. The district court construed Atkins's motion as a motion for a new trial pursuant to Fed.R.Civ.P. 59 motion and denied it as untimely. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, and affirm. Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989). 3 A motion for a new trial pursuant to Rule 59 must be served within 10 days of entry of judgment. See Fed.R.Civ.P. 59(b). Atkins's motion for a new trial was filed more than thirty days after entry of judgment and was therefore untimely…