Griffith

Griffith v. Secretary of Health & Human Services

Good Law
189 F. App'x 597
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-55702California257 words

Opinion

Lead Opinion

MEMORANDUM ***

Harold James Griffith appeals the district court’s denial of his recent motion for reinstatement of his 1991 action seeking Social Security benefits. Because the parties are familiar with the history of the case, we will not recount it here. We review the district court’s denial of reinstatement following dismissal for failure to prosecute for abuse of discretion, Hicks v. Bekins Moving & Storage Co., 115 F.2d 406, 408-09 (1940), and we affirm.

The district court was well within its discretion to hold that Griffith’s explanation for his near eleven-year delay in challenging the dismissal for failure to prosecute was inadequate. Griffith’s explanation that he lacked funds, and was unable to retain counsel despite numerous attempts — after his action was dismissed— does not justify his failure to explain his situation to the court or to seek relief for more than a decade. Given this decision, we need not reach the alternative holding *599 of the district court rejecting the claim on the basis of the statute of limitations.

We lack appellate jurisdiction over Griffith’s attempted appeal of the district court’s vacation of his summary judgment motion.…

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