In Re Edward R. Fitzsimmons, Debtor. Edward R. Fitzsimmons v. Marie Nolden, Trustee

996 F.2d 1224 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Edward R. FITZSIMMONS, Debtor. Edward R. FITZSIMMONS, Plaintiff-Appellant, v. Marie NOLDEN, Trustee, et al., Defendant-Appellee. No. 92-16781. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 20, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Edward Fitzsimmons appeals the district court's order affirming the bankruptcy court's denial of Fitzsimmons's motion to set aside the dismissal of his adversary proceeding. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review the denial of a motion for relief from judgment for abuse of discretion. Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989). We affirm. 3 * Background 4 Fitzsimmons is a debtor in a Chapter 7 bankruptcy proceeding. In January 1991, he filed an adversary proceeding against Nolden, the trustee in bankruptcy, alleging that Nolden had been negligent in handling…