Biancur

MEMORANDUM **

John A. Hickey appeals the district court’s denial of his motion for relief from default judgment. Hickey argues that the underlying default was void and that the district court’s refusal to grant post-judgment relief was an abuse of discretion. We reject these arguments and affirm.

In the action underlying this appeal, plaintiffs brought a securities class action suit against Hickey and others. Although Hickey was served in 1996, he did not make an appearance in the case until 2000 after plaintiffs had already moved for entry of default judgment against him. The district court granted plaintiffs’ application for entry of default judgment and ordered Hickey to pay damages. Hickey appealed to this court, and we affirmed the district court’s judgment. See Biancur v. Hickey, 32 Fed.Appx. 949 (9th Cir.2002).

While his first appeal was pending, Hickey filed in district court a motion for relief from judgment pursuant to Fed. R.Civ.P. 60(b). The district court denied the motion and Hickey now appeals that denial. In support of this appeal, Hickey has filed a brief that is nearly identical to the brief filed in his first appeal: Not only are his arguments the same, but…