Greene

Greene v. Commissioner

Good Law
36 F. App'x 608
United States Court of Appeals for the Ninth CircuitJune 12, 2002No. 01-17348; D.C. No. CV-00-06760-DLBCalifornia224 words

Opinion

Lead Opinion

MEMORANDUM ****

Charles Anthony Greene appeals pro se the district court’s denial of his motions for relief from the district court’s judgment remanding his action to the Commissioner of the Social Security Administration (the “Commissioner”) to hear testimony from a vocational expert. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Sch. Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255 , 1262 (9th Cir.1993), and we affirm.

*609 We lack jurisdiction to address Greene’s contentions regarding the merits of the district court’s original entry of judgment because he failed to file a notice of appeal within 60 days of entry of final judgment and failed to file a timely post-judgment tolling motion. See Fed. R.App. P. 4. Accordingly, by order dated December 18, 2001, this court limited the scope of Greene’s appeal to the denial of his motions for relief from the district court’s judgment.

Because Greene failed to demonstrate mistake, inadvertence, surprise, excusable neglect, newly-discovered evidence, or any other basis for relief from judgment, the district court did not abuse its discretion in denying his motions. See ACandS, 5 F.3d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.