Slape

MEMORANDUM **

Plaintiff Kevin Slape appeals the district court’s denial of his second motion to set aside the district court’s order of dismissal. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

We only have jurisdiction to review Slape’s second motion to set aside the dismissal order. We lack jurisdiction to review the underlying dismissal order and Slape’s first motion to set aside that dismissal because Slape did not timely appeal.

The district court was within its discretion 2 when it denied Slape’s second motion because Slape and his counsel ignored the court’s guidance to resubmit the second motion under Federal Rule of Civil Procedure 60(b). By re-characterizing Slape’s first motion as one under Rule 60(b) and citing relevant precedent, 3 the court effec *760 tively instructed Slape on the applicable rule, Rule 60(b), and indicated that the rules under which Slape had filed his first motion, Federal Rule of Civil Procedure 41 and Central District Local Rule 41-3, were not applicable. Thus, when Slape ignored the court’s instruction and filed a second motion improperly relying on a local rule, the district court was within its discretion to deny the…