John Ray Miller v. JIM BENEDETTI, Warden

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN RAY MILLER,
Petitioner - Appellant,
v.
JIM BENEDETTI, Warden,
Respondent - Appellee.
No. 08-16906
D.C. No. 3:08-cv-00077-LRH
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Nevada state prisoner John Ray Miller appeals pro se from the district
court’s denial of the motion for reconsideration he filed pursuant to Federal Rule of
Civil Procedure 60(b). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we
FILED
APR 15 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-16906 2
affirm.
Miller contends the district court erred by denying his motion to reconsider.
The district court did not abuse its discretion by denying Miller’s motion to
reconsider because he presented no grounds justifying relief under Rule 60(b). See
Backlund v. Barnhart, 778 F.2d 1386, 1388 (9th Cir. 1985).
Miller’s motion to remand the case because the State did not file an
answering brief is denied.
AFFIRMED.

-- 2 of 2 --