Blatt

Blatt v. Derezes

Good Law
143 F. App'x 840
United States Court of Appeals for the Ninth CircuitSeptember 15, 2005No. 04-35965; D.C. No. CV-01-00422-RSMCalifornia327 words

Opinion

Lead Opinion

MEMORANDUM **

Leon Sabra Blatt appeals pro se the district court’s summary judgment in favor *841 of Seattle Police Officers in Blatt’s 42 U.S.C. § 1988 action alleging his constitutional rights were violated when he was arrested in June 1998. We have jurisdiction under 28 U.S.C. § 1291 . We review determinations regarding timeliness and excusable neglect for abuse of discretion, Comm. for Idaho’s High Desert, Inc. v. Yost, 92 F.3d 814 , 824 (9th Cir.1996), and review the grant of summary judgment de novo, id. at 823. We affirm.

The district court concluded that Blatt’s objections to the magistrate judge’s report and recommendation were untimely and that Blatt failed to show excusable neglect. See Fed.R.Civ.P. 6(b) and 72(b); High Desert, 92 F.3d at 825. However, the district judge stated that he reviewed Blatt’s untimely objections and “determined that none of the arguments presented by plaintiff would alter the Court’s decision.” Similarly, the magistrate judge stated that she reviewed Blatt’s untimely opposition to the motion for summary judgment, but “that none of the evidence or arguments presented by plaintiff in his untimely response alter this Court’s conclusion.”

Even…

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