Henson

Religious Technology Center v. Henson

Good Law
20 F. App'x 620
United States Court of Appeals for the Ninth CircuitMay 31, 2001No. 00-16517; D.C. No. CV-96-20271-RMWCalifornia338 words

Opinion

Lead Opinion

MEMORANDUM **

H. Keith Henson appeals pro se the district court’s order denying his March 27, 2000, motion seeking relief from: (1) a May 22, 1998, judgment following a jury verdict in favor of Religious Technology Center; and (2) a July 6, 1999, judgment finding Henson in civil contempt. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s exercise of jurisdiction over a Fed. R.Civ.P. 60(b) motion, Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), and we review for abuse of discretion the district court’s denial of such a motion, Lafarge Cornells et Etudes, S.A. v. Kaiser Cement & Gypsum Corp., 791 F.2d 1334, 1338 (9th Cir.1986). We affirm.

Because Henson’s motion was not filed within one year of the judgment entered following the jury verdict, the district court lacked jurisdiction to the extent the motion sought relief from that judgment on the basis of fraud, misrepresentation or other adverse conduct. See Scott, 739 F.2d at 1467 .

With respect to the judgment finding Henson in civil contempt, the district court did not err by denying Henson’s motion for relief from that judgment under Fed. R.Civ.P. 60(b)(3) or 60(b)(6). See…

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