Hagen

MEMORANDUM ***

Michael Hagen (“Hagen”) has appealed the district court’s denial of his Federal Rule of Civil Procedure 60(b) motion for relief from judgment. However, in his appellate briefing, Hagen does not discuss the district court’s Rule 60(b) ruling. Instead, he addresses only the merits of the district court’s summary judgment.

Under 28 U.S.C. § 2107 (a), a party must file a notice of appeal within 30 days of the entry of the judgment being appealed. See also Fed. R.App. Proc. 4(a)(1)(A). Ha-gen did not file a notice of appeal of the summary judgment. Nor do any of the exceptions to the 30-day requirement apply to Hagen. If a party timely files in the district court a motion for relief under Rule 60, “the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion ... if the [Rule 60] motion is filed no later than 10 days after the judgment is entered.” Fed. R.App. Proc. 4(a)(4)(A)(vi). Because Hagen did not file his Rule 60(b) motion within 10 days of the judgment, he has not secured a tolling of the appeal window by means of Rule 4. See Reid Prods, v. Westport Ins. Corp., 400 F.3d 1118, 1119 (9th…