Jake Henderson v. Derral Adams
Jake Henderson v. Derral Adams
Opinion
MEMORANDUM **
Jake Henderson appeals from the district court’s order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir. 1989). The district court did not abuse its discretion when it denied Henderson’s motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) (“A motion under Rule 60(b) must be made within a reasonable time.... ”); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (holding that it was not an abuse of discretion to find an unexcused two-year delay unreasonable).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Jake HENDERSON, Petitioner-Appellant, v. Derral G. ADAMS, Et Al., Respondents-Appellees
- Status
- Unpublished