Narrative Opinion Summary
Jan C. Rust appeals the district court's order denying her third motion for relief from judgment under Fed. R. Civ. P. 60(b). The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the decision for abuse of discretion. The court affirms the district court's decision, noting that Rust's motion merely rehashed previously rejected arguments and failed to meet any of the criteria for relief specified in Rule 60(b). The court references relevant case law to support its conclusion, stating that the denial was appropriate. The disposition is not intended for publication and cannot be cited in future cases, as per Ninth Circuit Rule 363.
Legal Issues Addressed
Appellate Jurisdiction under 28 U.S.C. 1291subscribe to see similar legal issues
Application: The appellate court exercises jurisdiction to review district court decisions, particularly in assessing the denial of a Rule 60(b) motion.
Reasoning: The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the decision for abuse of discretion.
Non-Publication and Citation of Judicial Dispositionssubscribe to see similar legal issues
Application: The court's disposition is not intended for publication and cannot be cited in future cases, following Ninth Circuit rules.
Reasoning: The disposition is not intended for publication and cannot be cited in future cases, as per Ninth Circuit Rule 363.
Relief from Judgment under Federal Rule of Civil Procedure 60(b)subscribe to see similar legal issues
Application: The court reviews the denial of a Rule 60(b) motion for abuse of discretion and affirms the denial when the motion does not meet any specified criteria for relief.
Reasoning: The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the decision for abuse of discretion. The court affirms the district court's decision, noting that Rust's motion merely rehashed previously rejected arguments and failed to meet any of the criteria for relief specified in Rule 60(b).