James E. Caine v. Gordon R. Sullivan, Acting Secretary of the Army

19 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 E. CAINE, Plaintiff-Appellee, v. Gordon R. SULLIVAN, Acting Secretary of the Army, ** Defendant-Appellant. No. 93-35580. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 11, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM *** 2 The Secretary of the Army ("Secretary") appeals the district court's denial of its motion pursuant to Fed.R.App.P. 4(a)(6) to reopen the time for appeal from the district court's judgment in favor of James Cain in his action pursuant to Title VII, 42 U.S.C. Sec. 2000e-16, alleging race discrimination. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for abuse of discretion the district court's denial of a motion to reopen the time for filing an appeal pursuant to Fed.R.App.P. 4(a)(6). Matter of Jones, 970 F.2d 36, 39 (5th Cir.1992); cf. Pratt v. McCarthy, 850 F.2d 590, 594 (9th Cir.1988) (abuse…