McKean

United States v. McKean

Good Law
44 F. App'x 854
United States Court of Appeals for the Ninth CircuitAugust 19, 2002No. 00-35447; D.C. No. CV-96-05879-FDBCalifornia516 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Michael A. McKean timely appeals the district court’s “Order Closing Receivership and Determining Final Costs” of April 18, 2000. As part of this appeal, McKean requests that we review two earlier orders: the “Order for Final Judgment” of November 20, 1998, and the “Order Denying Motion to Alter Judgment” of January 5, 1998, which denied reconsideration of the “Order for Final Judgment.” Because the “Order for Final Judgment,” determined liability but not damages, it was interlocutory in nature. See Forsyth v. Humana, Inc., 114 F.3d 1467, 1473 (9th Cir.1997). We therefore have jurisdiction to review it. We lack jurisdiction to review the “Order Denying Motion to Alter Judgment,” because McKean’s motion to alter judgment, whether analyzed under Fed.R.Civ.P. 59 or 60, was itself untimely, 1 as such motions are only available for relief from final judgments. See United States v. Martin, 226 F.3d 1042 , 1048 & n. 8 (9th Cir.2000).

The partial summary judgment, entitled “Order for Final Judgment,” determining that McKean would be hable for one-half of the fees of the receivership was issued under Local Rule 7(b)(4). Judgments entered under local rules because…

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.