Carr

MEMORANDUM **

Firpo W. Carr appeals pro se from the district court’s denial of his Fed.R.Civ.P. 60(b) motion seeking reconsideration of the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that he was improperly detained by a police officer based on his race. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the denial of a Rule 60(b) motion for abuse of discretion, Maraziti v. Thorpe, 52 F.3d 252, 253 (9th Cir.1996), and affirm.

The newly discovered evidence submitted in support of Carr’s Rule 60(b) motion did not raise any genuine issues of material fact to warrant reconsideration of the district court’s order granting summary judgment for Officer Sawall. See Cel-A-Pak v. California Agr. Labor Relations Bd., 680 F.2d 664 , 668-69 (9th Cir.1982); cf. Washington v. Lambert, 98 F.3d 1181, 1185-90 (9th Cir.1996) (setting forth factors converting a lawful investigatory stop into an arrest). Moreover, the district court did not abuse its discretion by refusing to reconsider the stipulated dismissal of defendant Chief Nichols because the affidavits did not establish any injury to Carr. See Quintanilla v. City of Downey, 84 F.3d 353, 355-56 (9th…