Albert Howard v. Department of Health & Human Services

15 F.3d 1085 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Albert HOWARD, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee. No. 93-15411. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 27, 1993. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Albert Howard appeals the district court's denial of his Fed.R.Civ.P. 60(b) motion for relief from the court's summary judgment for the Secretary of Health and Human Services (Secretary) in Howard's action, seeking review of the Secretary's denial of his claim for disability insurance benefits under sections 205(g) and 1631(c)(3) of the Social Security Act, 42 U.S.C. Sec. 401 et seq. Howard alleged that he was disabled by hypertension, sleep apnea and diabetes. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for abuse of discretion a district court's denial of a motion for reconsideration. Fuller v. M.G.…