Manna
Manna v. American Airlines, Inc.
Opinion
Lead Opinion
MEMORANDUM **
August C. Manna appeals the district court’s orders denying his two Fed. R.Civ.P. 60(b) motions, to set aside the judgment in his employment discrimination action. In No. 01-17529, we have jurisdiction pursuant to 28 U.S.C. § 1291 , we review for abuse of discretion, see Shalit v. Coppe, 182 F.3d 1124, 1127 (9th Cir.1999), and we affirm. In No. 02-16175, we lack jurisdiction and dismiss.
The district court did not abuse its discretion by denying relief from judgment under Rule 60(a), because summary judgment was not the product of a clerical mistake or error. See Fed.R.Civ.P. 60(a).
Moreover, Manna’s unjustified failure to file an opposition in the four-month period between the motion for summary judgment and the order granting summary judgment did not warrant relief under Fed.R.Civ.P. 60(b)(1) on the basis of mistake, inadvertence or excusable neglect. See Speiser, Krause & Madole P.C. v. Ortiz, 271 F.3d 884, 887 (9th Cir.2001); see also Jacobsen v. Filler, 790 F.2d 1362, 1364-67 (9th Cir.1986) (rejecting pro se litigant’s argument that district court had a duty to advise him of measures he should take to oppose defendants’ summary judgment motion).