Dorothy Javier v. Countrywide Kb Home Loans;

10-17398Court of Appeals for the Ninth CircuitJan 25, 2012

Full text

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NOT FOR PUBLICATION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
DOROTHY JAVIER,
Plaintiff - Appellant,
v.
COUNTRYWIDE KB HOME LOANS; et
al.,
Defendants - Appellees.
No. 10-17398
D.C. No. 2:09-cv-00568-LDG-
PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Lloyd D. George, District Judge, Presiding
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Dorothy Javier appeals pro se from the district court’s judgment in her
action arising out of foreclosure proceedings. We have jurisdiction under 28
FILED
JAN 25 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-17398 2
U.S.C. § 1291. We review for an abuse of discretion the district court’s order
denying a motion to reconsider. Sch. Dist. No. 1J, Multnomah Cnty., Or. v.
ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.
The district court did not abuse its discretion by denying Javier’s motion to
reconsider because Javier failed to demonstrate mistake, inadvertence, surprise,
excusable neglect, newly discovered evidence, or any other basis for relief from
judgment. See Fed. R. Civ. P. 60(b); Sch. Dist. No. 1J, Multnomah Cnty., Or., 5
F.3d at 1263.
Contrary to Javier’s contention, the district court had subject matter
jurisdiction over her claims arising under federal statutes and thus removal was
proper. See 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction
of all civil actions arising under the Constitution, laws, or treaties of the United
States.”).
AFFIRMED.

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