James McFadden v. Federal Deposit Insurance Corp.

15 F.3d 1087 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James McFADDEN, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORP., Defendant-Appellee. No. 93-35514. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 10, 1994. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 James McFadden appeals pro se the district court's denial of his Fed.R.Civ.P. 60(b) motion. 1 We have jurisdiction under 28 U.S.C. Sec. 1291 . 2 We review the district court's denial of a Fed.R.Civ.P. 60(b) motion for an abuse of discretion, see Floyd v. Laws, 929 F.2d 1390, 1400 (9th Cir.1991), and we affirm. 3 McFadden contends that the district court erred in denying his Fed.R.Civ.P. 60(b) motion for relief from judgment. We disagree. To prevail under Rule 60(b), McFadden must demonstrate by clear and convincing evidence (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud or other misconduct; (4)…