Arthur S. West v. Washington State Department of Natural Resources;

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NOT FOR PUBLICATION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
ARTHUR S. WEST,
Plaintiff - Appellant,
v.
WASHINGTON STATE DEPARTMENT
OF NATURAL RESOURCES; et al.,
Defendants - Appellees,
and
UNITED STATES SECRETARY OF
DEFENSE; et al.,
Defendants.
No. 08-35785
D.C. No. 3:07-05580-RBL
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted September 22, 2010**
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
FILED
OCT 05 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-35785 2
The district court did not abuse its discretion by denying Arthur S. West’s
(“West”) motion to reconsider because he presented no grounds justifying relief
under Federal Rule of Civil Procedure 60(b). See Backlund v. Barnhart, 778 F.2d
1386, 1388 (9th Cir. 1985) (listing grounds for reconsideration under Rule 60(b)).
We lack jurisdiction to consider West’s challenges to the underlying
judgment because the notice of appeal was filed more than sixty days after entry of
judgment, and the motion to reconsider did not toll the time to appeal from the
judgment. See Fed. R. App. P. 4(a)(1)(B), (a)(4)(A)(vi).
West’s remaining contentions are unpersuasive.
AFFIRMED.

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