Tarka

MEMORANDUM **

Mark Tarka appeals pro se the district court’s denial of his Fed.R.Civ.P. 60(b) and Fed. R.App. P. 4(a)(5) motions. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Tarka brought suit against Montana State University employees and students under 42 U.S.C. §§ 1983 and 2000e-2(a), alleging civil rights violations, discrimination, and libel. The district court, on the recommendation of a magistrate judge, dismissed Tarka’s complaint for various defects. Tarka filed a motion under Fed. R.Civ.P. 60(b) for relief from the district court’s judgment and order. He also sought an extension of time to file a notice of appeal of the dismissal under Fed. R.App. P. 4(a)(5). The district court denied both motions, and Tarka now appeals.

I. Fed.R.Civ.P. 60(b)

We review the district court’s denial of a motion to vacate a judgment under Rule 60(b) for. an abuse of discretion. Thompson v. Calderon, 151 F.3d 918, 920 (9th Cir.1998) (citation omitted). A district court abuses its discretion if it does not apply the correct law or if it rests its decision on a clearly erroneous finding of material fact. United States v. Washington, 98 F.3d 1159, 1163 (9th Cir.1996)…