Naufahu v. Tait

U.S. Court of Appeals for the Ninth Circuit

Naufahu v. Tait

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 23 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

TALANOA T. NAUFAHU, No. 23-4129 D.C. No. 3:20-cv-00048-SLG Plaintiff - Appellant,

v. MEMORANDUM* ROBINSON TAIT, P.S.; JOE A.P. SOLSENG; WELLS FARGO BANK, N.A.; PHH MORTGAGE SERVICES; NORIKO COLSTON,

Defendants - Appellees.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, District Judge, Presiding

Submitted April 22, 2025**

Before: GRABER, H.A. THOMAS, and JOHNSTONE, Circuit Judges.

Talanoa T. Naufahu appeals pro se from the district court’s order denying

his Federal Rule of Civil Procedure 60(b)(6) motion for relief from judgment in his

* 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). wrongful foreclosure action alleging federal and state law claims. We have

jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Navajo

Nation v. Dep’t of the Interior, 876 F.3d 1144, 1173 (9th Cir. 2017). We affirm.

The district court did not abuse its discretion by denying Naufahu’s Rule

60(b)(6) motion because Naufahu failed to demonstrate any basis for relief. See id.

(“Rule 60(b) relief should be granted sparingly . . . and only where extraordinary

circumstances prevented a party from taking timely action to prevent or correct an

erroneous judgment.” (emphasis omitted) (citation and internal quotation marks

omitted)).

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 23-4129

Reference

Status
Unpublished