John Lynch v. Manfred Maass, Superintendent State of Oregon

990 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 LYNCH, Petitioner-Appellant, v. Manfred MAASS, Superintendent; State of Oregon, Respondents-Appellees. No. 92-35420. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1993. * Decided April 16, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 John Lynch, an Oregon state prisoner, appeals pro se the denial of his Fed.R.Civ.P. 60(b) motion for reconsideration of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291 . We affirm. 3 A motion made under Rule 60(b) may be used to challenge the denial of a habeas corpus petition, and timely appeal may be taken from the denial of the motion. See Browder v. Director, Dep't of Corrections of Illinois, 434 U.S. 257 , 263 n. 7 (1978). However, the denial of a Rule 60(b) motion is reviewed only for an abuse of discretion, and must be affirmed unless the…