Ziegler

MEMORANDUM **

Wayne T. Ziegler appeals pro se from the district court’s order denying his motion for relief from judgment in his underlying action alleging, inter alia, that Bank of America conspired with a property storage company to convert Ziegler’s assets. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion the district court’s ruling on a motion under Fed.R.Civ.P. 60(b)(6), Delay v. Gordon, 475 F.3d 1039, 1043 (9th Cir.2007), and we review de novo its ruling on a motion to set aside a judgment as void, Export Group v. Reef Indus., Inc., 54 F.3d 1466, 1469 (9th Cir.1995). We affirm.

The district court entered final judgment in Ziegler’s action on January 29, 2003, and Ziegler filed his motion for relief from judgment on May 31, 2005. To the extent Ziegler’s motion was based on excusable neglect or judicial error and therefore pursuant to Fed.R.Civ.P. 60(b)(1), it was untimely, and the district court lacked jurisdiction to consider the merits of the motion. See Nevitt v. United States, 886 F.2d 1187, 1188 (9th Cir.1989). To the extent Ziegler’s motion was based on the catch-all provision of Rule 60(b)(6), he failed to demonstrate “extraordinary…