Brenda Rabbitt, by and Through Her Guardian Ad Litem Elizabeth Adams v. United States

Good Law
72 F.3d 135·1995 WL 681533·1995 U.S. App. LEXIS 40707
United States Court of Appeals for the Ninth CircuitNovember 15, 199594-15928California615 words

Opinion

Opinion

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brenda RABBITT, by and through her Guardian ad litem; Elizabeth ADAMS, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 94-15928. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Oct. 19, 1995. Decided: Nov. 15, 1995. Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 This is an appeal from the district court's denial of a Federal Rule of Civil Procedure 60(b) motion for post judgment relief, following the district court's dismissal of plaintiff's Federal Tort Claims Act complaint for failure to file within the applicable statute of limitations. We review the district court's decision on Rule 60(b) motions for an abuse of discretion. Thomas v. Lewis, 945 F.2d 1119, 1123 (9th Cir.1991). Our review is limited only to the district court's denial of the Rule 60(b) motion, and not to the underlying judgment. Browder v. Director, Department of…

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