Erickson

MEMORANDUM **

Donald C. Erickson appeals pro se the district court’s order denying his motion for reconsideration of its judgment, following two bench trials, in his action against Newmar Corporation alleging various state and federal-law claims in connection with his purchase of a motor home. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We construe an untimely motion for reconsideration as a motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60(b), and review its denial for abuse of discretion. Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441 , 1463 & n. 35 (9th Cir.1992). We affirm.

The district court entered judgment in Erickson’s case on June 9, 1998. Erickson filed his motion for reconsideration on December 19, 2002, more than four years after entry of judgment. To the extent Erickson’s motion for reconsideration was made on the basis of new evidence or fraud and therefore pursuant to Rule 60(b)(2) or 60(b)(3), it was untimely, and the district court lacked jurisdiction to consider the merits of the motion. See Nevitt v. United States, 886 F.2d 1187, 1188 (9th Cir.1989). To the extent Erickson’s motion was based on Rule 60(b)(6), he failed…