Ferrarini

MEMORANDUM ***

Archie Ferrarini appeals from an order of the district court denying his motion under Federal Rule of Civil Procedure 60(b) to set aside the sua sponte dismissal of his action pursuant to Federal Rule of Civil Procedure 41(b). Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 , 82 S.Ct. 1386 , 8 L.Ed.2d 734 (1962) (noting that “[t]he authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed not by rule or statute”). Because Ferrarini did not timely appeal the underlying dismissal, this court does not have jurisdiction to consider that matter. The sole issue before the court is whether the district court abused its discretion by denying Ferrarini’s motion to set aside the dismissal pursuant to Federal Rule of Civil Procedure 60(b). Bateman v. United States Postal Serv., 231 F.3d 1220, 1223 (9th Cir.2000).

Despite his two operations and trial schedule, there is no dispute that Ferrarini’s counsel received the order to show cause more than two weeks before the district court’s deadline and discussed the order with his secretary. Ferrarini’s counsel does not explain how his operations and trial schedule…