Betty Dove Wright v. Homestake Mining Company

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Betty Dove WRIGHT, Plaintiff-Appellant, v. HOMESTAKE MINING COMPANY, Defendant-Appellee. No. 96-15330. 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 Betty Dove Wright appeals pro se the district court's denial of her Fed.R.Civ.P. 60(b) motion to reopen her action brought under 42 U.S.C. § 1983 and 18 U.S.C. § 1961 against Homestake Mining Company. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 We review for abuse of discretion the district court's denial of a Rule 60(b) motion based on fraud. See Alexander v. Robertson, 882 F.2d 421, 423 (9th Cir.1989). "An appeal from a denial of a Rule 60(b) motion brings up only the denial of the motion for review, not the merits of the underlying judgment." Floyd v. Laws, 929 F.2d 1390, 1400 (9th Cir.1991). 4 Wright…