Jimmy Donald Begaye v. Charles Ryan, Warden

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jimmy Donald BEGAYE, Petitioner-Appellant, v. Charles RYAN, Warden, Respondent-Appellee. No. 92-16313. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. * Decided Aug. 2, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Jimmy Donald Begaye, an Arizona state prisoner, appeals pro se the denial of his motion for reconsideration of the district court's dismissal of his 28 U.S.C. Sec. 2254 petition for habeas corpus. The district court determined that Begaye had procedurally defaulted his claims. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and affirm. 3 A motion for reconsideration that is not timely under Fed.R.Civ.P. 59(e) may be treated as a motion for relief from the judgment under Fed.R.Civ.P. 60(b). Gould v. Mutual Life Ins. Co. of N.Y., 790 F.2d 769, 772 (9th Cir.1986), cert. denied, 479 U.S. 987 ; Rodriguez v. Southern Pac. Transp. Co., 587 F.2d 980,…