Jaime Ignacio Estrada v. C. Malo Clines

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAIME IGNACIO ESTRADA,
Plaintiff - Appellant,
v.
C. MALO CLINES,
Defendant - Appellee.
No. 13-15551
D.C. No. 5:10-cv-04832-LHK
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Lucy Koh, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
California state prisoner Jaime Ignacio Estrada appeals pro se from the
district court’s order denying his Fed. R. Civ. P. Rule 60(b) motion to vacate entry
of summary judgment in his 42 U.S.C. § 1983 action. We have jurisdiction under
FILED
MAR 03 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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28 U.S.C. § 1291. We review de novo, Williams v. Woodford, 384 F.3d 567, 586
(9th Cir. 2004), and we affirm.
The district court properly concluded that it lacked jurisdiction to entertain
Estrada’s Rule 60(b) motion, which was filed after the notice of appeal had been
filed, thereby depriving the district court of its jurisdiction. See id. (vacating for
lack of jurisdiction an order denying a Rule 60(b) motion where the motion was
filed after the notice of appeal and movant did not follow the procedure for seeking
a remand of the case back to district court).
AFFIRMED.
13-15551 2

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