Bykov
Bykov v. Eacceleration Corp.
Opinion
Lead Opinion
MEMORANDUM **
Vladik Bykov appeals pro se from the district court’s orders denying Bykov’s motions to reopen his Americans with Disabilities Act case under Fed.R.Civ.P. 60(b)(6), and remove the judge who entered an order dismissing the action with prejudice. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for an abuse of discretion. In re Focus Media, Inc., 378 F.3d 916, 929 (9th Cir.2004) (denial of a motion to remove); Wilson v. City of San Jose, 111 F.3d 688, 691 (9th Cir.1997) (denial of a motion to reopen). We affirm.
The district court properly denied Bykov’s motion to remove Judge Leighton, because the motion was-based solely on the court’s allegedly improper discovery orders. See In re Media Focus, 378 F.3d at 930 (“[Jjudicial rulings alone almost never constitute a valid basis for a bias or partiality motion.”).
The district court properly denied Bykov’s motion to reopen the case because, having already stipulated to dismissal of the action with prejudice, he failed to demonstrate the extraordinary cii'cumstances necessary for relief. See Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1103 (9th Cir.2006) (“Rule [60(b)(6) ] is used sparingly as an…