Abel Ortega v. United States of America Southwest Marine Incorporated

51 F.3d 281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Abel ORTEGA, Plaintiff-Appellant, v. UNITED STATES of America; Southwest Marine Incorporated, Defendants-Appellees. No. 94-56263. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided March 27, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Abel Ortega appeals from the district court's denial of his Fed.R.Civ.P. 60(b) motion to vacate the dismissal with prejudice of his suit against Southwest Marine, Inc. Ortega sued Southwest in admiralty for injuries in a slip-and-fall accident aboard the U.S.S. Comstock. The district court determined Ortega's motion was moot. We review that determination de novo, Aiona v. Judiciary of State of Hawaii, 17 F.3d 1244 , 1246 (9th Cir.1994), and we reverse. 3 Ortega sought to vacate the dismissal with prejudice and obtain a dismissal without prejudice in order to pursue a like claim in state court. In fact, prior to…