Johansen

MEMORANDUM **

This is an appeal of the district court’s January 17, 2008 denial of appellant Marilyn Edith Johansen’s motion for relief from judgment pursuant to Federal Rule of Civil Procedure 60, which was filed more than 10 days after entry of judgment. See Fed. RApp. P. 4(a)(4)(A)(vi) (noting that a motion for relief under Rule 60 only tolls the time to file an appeal if it is filed within 10 days after entry of judgment).

On May 19, 2008, this court denied appellant’s motion for appointment of counsel and ordered her to show cause within 30 days why the district court’s denial of her *465 motion should not be summarily affirmed. Appellant requested and was granted a 60-day extension of time to respond to the court’s order on June 9, 2008. Again, on September 2, 2008, this court granted appellant an extension until October 27, 2008, over 5 months from issuance of the court’s order to show cause. On October 27, 2008, appellant filed a response requesting transfer of this action to the San Diego Superior Court.

We have reviewed the response and the record below and conclude that the questions raised in this appeal are so insubstantial as not to require further argument. See…