Peter J. Helfrich v. the Nevada Bar;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PETER J. HELFRICH,
Plaintiff - Appellant,
v.
THE NEVADA BAR; et al.,
Defendants - Appellees.
No. 14-16376
D.C. No. 2:12-cv-01399-APG-
PAL
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Andrew P. Gordon, District Judge, Presiding
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Peter J. Helfrich, a Nevada state prisoner, appeals pro se from the district
court’s order striking his motions for leave to proceed in forma pauperis and for
production of documents. We have jurisdiction under 28 U.S.C. § 1291. We
review for an abuse of discretion the district court’s order striking a motion after
FILED
DEC 02 2015
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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judgment has been entered in the action. Lindauer v. Rogers, 91 F.3d 1355, 1357
& n.1 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion by striking Helfrich’s motions
because final judgment had been entered, and judgment was not first reopened.
See id. (in the context of a motion to file an amended complaint, a post-judgment
motion may be considered only if the judgment is first reopened under Rule 59 or
60 of the Federal Rules of Civil Procedure).
We do not consider Helfrich’s arguments concerning the district court’s
November 29, 2012 order denying his motion for in forma pauperis status because
Helfrich failed to file a timely notice of appeal from that order. See Fed. R. App.
P. 4(a)(1)(A) (notice of appeal must be filed within 30 days after entry of
judgment); Bowles v. Russell, 551 U.S. 205, 214 (2007) (“[T]he timely filing of a
notice of appeal in a civil case is a jurisdictional requirement.”).
Helfrich’s motions and requests, filed on September 23, 2014, January 9,
2015, and August 20, 2015, are denied.
AFFIRMED.
14-16376 2

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