Milton Brown v. United States of America J.D. Swinson, Warden A. Mitchell

103 F.3d 137 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Milton BROWN, Petitioner-Appellant, v. UNITED STATES of America; J.D. Swinson, Warden; A. Mitchell, Respondents-Appellees. No. 95-56804. United States Court of Appeals, Ninth Circuit. Submitted Dec. 2, 1996. * Decided Dec. 05, 1996. Before: SNEED, TROTT, and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Milton Brown, a federal prisoner, appeals pro se both the district court's dismissal for lack of prosecution and the district court's denial of his motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We review for an abuse of discretion both the dismissal and the denial of the motion for reconsideration. Sheet Metal Workers' Int'l Ass'n Local Union, No. 359 v. Madison Indus., Inc., 84 F.3d 1186, 1192 (9th Cir.1996) (motion for reconsideration); Morris v. Morgan Stanley & Co., 942 F.2d 648, 650 (9th Cir.1991) (dismissal for lack of prosecution). 3 Under Fed.R.Civ.P. 4(m), "the…