Finocchi

Finocchi v. Wells Fargo Bank NA

Good Law
135 F. App'x 969
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 04-17014; D.C. No. CV-01-011247-SRBCalifornia286 words

Opinion

Lead Opinion

MEMORANDUM **

Joseph George Finocchi appeals pro se the district court’s denial of his Fed. R.Civ.P. 60(b)(3) motion for relief from its judgment in favor of Wells Fargo Bank and other defendants in Finocchi’s action alleging disability and gender discrimination. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion, Tomlin v. McDaniel, 865 F.2d 209, 210 (9th Cir.1989), and we affirm.

*970 The district court did not abuse its discretion when it denied Finocchi’s motion for relief from judgment on the grounds of fraud because he did not file his motion within the required one-year time limit. See Fed.R.Civ.P. 60(b); see also Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984). Finocchi contends that Rule 60(b) includes a savings clause that does not contain a time limit. His contention lacks merit because the provision to which he refers applies to “an independent action to reheve a party from a judgment” and not to a motion, such as Finocchi’s, for relief from judgment. Fed.R.Civ.P. 60(b)(3).

Finocchi contends that he is entitled to relief because, since the district court ordered his claim to arbitration in 2002, the Arizona Supreme Court has held…

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