Serrato

MEMORANDUM *

Nora Luz Serrato appeals the district court’s denial of her Federal Rule of Civil Procedure 60(b) Motion for Relief from Judgment. 1 The Rule 60(b) motion requested that the court reopen Serrato’s previously filed 28 U.S.C. § 2255 motion. We review the district court’s ruling on Serrato’s Rule 60(b) motion for abuse of discretion. See Casey v. Albertson’s Inc., 362 F.3d 1254, 1257 (9th Cir.2004).

The district court did not abuse its discretion in refusing to grant the Rule 60(b) motion. After an evidentiary hearing, the court determined that Serrato had not established that the Bureau of Prisons (“BOP”) had made a final decision to terminate the boot camp program before the court sentenced Serrato in September 2004. Accordingly, the court was within its discretion to conclude it had not relied on a factual error in sentencing Serrato and therefore to deny relief. We decline to find that equitable estoppel applies be *678 cause BOP took a different position regarding the timing of the decision to terminate boot camp in the Northern District of California litigation. It is clear the district court there did not rely on BOP’s representation that boot camp was…