Michael Smith v. United States

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL SMITH, No. 23-55030

Plaintiff-Appellant, D.C. No. 3:22-cv-00798-DMS-BGS

v.

MEMORANDUM*

UNITED STATES OF AMERICA,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Dana M. Sabraw, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Michael Smith appeals pro se from the district court’s judgment dismissing

his action brought under Federal Rule of Civil Procedure 60(d)(3) seeking to

collaterally attack his criminal conviction entered in the Eastern District of

Kentucky. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Smith’s request for oral argument, set…