Wooldridge v. California
Opinion of the Court
MEMORANDUM
Anthony Woolridge appeals from an order denying his motion to vacate the judgment that was entered after he failed to attend the pretrial conference in his § 1983 action. We affirm.
We review the denial of a motion under Fed.R.Civ.P. 60(b) for abuse of discretion. See United States v. Asarco, Inc., 430 F.3d 972, 978 (9th Cir. 2005). Contrary to Wool-ridge’s argument, de novo review is not warranted simply because the district court summarily denied his motion. See TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 695 (9th Cir. 2001) (review for abuse of discretion where Rule 60(b) motion was denied “without explanation”). Nor did the district court have to make findings of fact before denying the motion. See In re Virtual Vision, Inc., 124 F.3d 1140, 1143 (9th Cir. 1997) (issue is whether the record shows that defendant was to blame for not complying with discovery order, not whether trial court made a finding of fact to that effect).
The record shows that Woolridge has no excuse for failing to communicate with his attorney or keep track of his case. In re Virtual Vision, 124 F.3d 1140, 1145 (9th Cir. 1997) (no Rule 60(b) relief where party “utterly failed to keep abreast of the status of its case when it was able to do so” (internal quotations omitted)); see also United Artists Corp. v. La Cage Aux Folles, Inc., 771 F.2d 1265, 1270 (9th Cir.
Because Woolridge has not shown that the dismissal resulted from “excusable neglect,”
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Fed. R. Civ. P. 60(b)(1).
Reference
- Full Case Name
- Anthony WOOLDRIDGE, Plaintiff—Appellant v. State of CALIFORNIA, Defendants—Appellees
- Status
- Published