Dubin
Dubin v. Real
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-Appellant Gary Victor Dubin appeals the district court’s dismissal of his action for “fraud upon the court” under Rule 60(b) of the Federal Rules of Civil Procedure. Dubin seeks to restore his name and recover money in connection with two matters that he has litigated in the District of Hawaii and this court over the last twelve years. 1 We have jurisdiction under 28 U.S.C. § 1291 . For the reasons set forth below, we affirm the district court. The facts are known to the parties and we do not recite them here.
Several of Dubin’s claims for fraud upon the court arise out of his 1994 criminal convictions for willful failure to file income tax returns. 2 The district court dismissed all claims relating to the criminal conviction for lack of subject matter jurisdiction. We review a dismissal for lack of subject matter jurisdiction de novo. See Luong v. Circuit City Stores, Inc., 368 F.3d 1109 , 1111 n. 2 (9th Cir.2004).
The Federal Rules of Civil Procedure, by their own terms, apply only to *530 civil actions. See Fed.R.Civ.P. 1 (stating that “these rules govern the procedure ... in all suits of a civil nature”). Every circuit that has addressed the question…