United States v. Peckham
Cases that cite this one
1 later published case cites this decision.
- Peckham v. United States (United States Court of Federal Claims 2004)
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Opinion of the Court
MEMORANDUM
Thomas and Patricia Peckham appeal pro se the district court’s order denying their motion for reconsideration of summary judgment for the United States in this ejectment action. We have jurisdic
We lack jurisdiction to address the Peckhams’ arguments concerning the merits of the district court’s original entry of judgment because the Peckhams both failed to file a timely notice of appeal within 60 days of entry of final judgment and failed to file a timely post judgment tolling motion. See Fed. R.App. P. 4. Accordingly by order dated October 11, 2000, this court limited the scope of the Peck-hams’ appeal to the court’s denial of their motion to reconsider.
“An untimely motion for reconsideration is construed as a motion based on Fed.R.Civ.P. 60(b).” Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1463 n. 35 (9th Cir. 1992). Denial of such a motion is reviewed for abuse of discretion. See Sch. Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). Because the Peckhams failed to demonstrate mistake, inadvertence, surprise, excusable neglect, newly-discovered evidence, or any other basis for relief from judgment, the district court did not abuse its discretion by denying their motion to reconsider. See id., at 1262-63.
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 Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.