David P. Sweeney v. Great Western Bank

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. DAVID P. SWEENEY, Appellant, v. GREAT WESTERN BANK, Appellee. No. 94-55902. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 David P. Sweeney appeals pro se the district court's order affirming the bankruptcy court's denial of Sweeney's Fed.R.Civ.P. 60(b) 1 motion to vacate the bankruptcy court's prior order annulling the automatic stay and imposing sanctions. The annulment of the stay validated a foreclosure sale conducted by Great Western Bank ("Great Western") on property that Sweeney had mortgaged. We have jurisdiction pursuant to 28 U.S.C. Sec. 158 (d), and we affirm. 3 Sweeney's motion was brought pursuant to Fed.R.Civ.P. 60(b)(3). Under Rule 60(b)(3), the court may grant relief from judgment for fraud or other misconduct of an adverse party. Lafarge Conseils et Etudes v. Kaiser Cement…