Robert A. Head v. United States

57 F.3d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert A. HEAD, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-35608. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 8, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Robert A. Head appeals pro se the district court's denial of his Fed.R.Civ.P. 60(b) motion for reconsideration of the dismissal of his action alleging violations in the resolution of his federal disability retirement claim. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Here, Head did not serve his motion for reconsideration within 10 days as required by Fed.R.Civ.P. 59(e), thus we treat his motion as one brought under Fed.R.Civ.P. 60(b). See United States v. Nutri-Cology, Inc., 982 F.2d 394, 396-97 (9th Cir.1992). 1 Since a Rule 60(b) motion does not toll the time for filing a notice of appeal, and Head's appeal was filed…