Freure v. California Department of Corrections
Freure v. California Department of Corrections
Opinion of the Court
MEMORANDUM
Lauren Maree Freure appeals the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of her 1999 sexual harassment action against the California Department of Corrections (“CDC”) and the district court’s denial of her Fed.R.Civ.P. 60(b) motion seeking to vacate the dismissal of her 1998 sexual harassment action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal for failure to state a claim. TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999). We review for abuse of discretion a district court’s denial of a Fed.R.Civ.P. 60(b) motion. Wilson v. City of San Jose, 111 F.3d 688, 691 (9th Cir. 1997). We affirm.
Because a second complaint is not a proper vehicle to bring a Fed.R.Civ.P. 60(b) motion, the district court properly
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Lauren Maree FREURE v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
- Status
- Published