Diem T. Nguyen v. Nationstar Mortgage, LLC;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIEM T. NGUYEN,
Plaintiff-Appellant,
v.
NATIONSTAR MORTGAGE, LLC; et al.,
Defendants-Appellees.
No. 11-56774
D.C. No. 8:10-cv-01007-CJC-RNB
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Diem T. Nguyen appeals pro se from the district court’s order denying her
Fed. R. Civ. P. 60(b) motion for relief from judgment in her action alleging federal
and state law violations relating to her mortgage loan. We have jurisdiction under
28 U.S.C. § 1291. We review for an abuse of discretion, Sch. Dist. No. 1J,
* 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).
FILED
JUN 30 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993), and we
affirm.
The district court did not abuse its discretion by denying Nguyen’s Rule
60(b) motion filed on September 14, 2011 because Nguyen failed to demonstrate
any grounds for relief. See id. at 1263 (grounds for reconsideration under Fed. R.
Civ. P. 60(b)).
We lack jurisdiction to consider Nguyen’s contentions regarding the
dismissal of her underlying claims, the denial of leave to amend, and the denial of
her first motion for reconsideration because the operative notice of appeal was
timely only as to the denial of her second motion for reconsideration. See Fed. R.
App. P. 4(a)(1)(A) (notice of appeal must be filed within 30 days after entry of
judgment or order appealed from).
We reject as without merit Nguyen’s contention that the district court was
required to hold a hearing before deciding her motion for reconsideration. See Fed.
R. Civ. P. 78(b) (“By rule or order, the court may provide for submitting and
determining motions on briefs, without oral hearings.”).
Appellee’s request for judicial notice (Docket Entry No. 12) is granted.
Nguyen’s motion for appointment of pro bono counsel (Docket Entry

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No. 69) is denied.
Nguyen’s motion for an extension of time to file a response to the court’s
order to show cause (Docket Entry No. 70) is denied as unnecessary. Nguyen’s
response was filed upon receipt at Docket Entry No. 73.
AFFIRMED.

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