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Sansone v. Salindron

Citation: 201 F. App'x 548Docket: No. 06-35101

Court: Court of Appeals for the Ninth Circuit; September 14, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant, currently under community supervision following incarceration, sought to challenge a prior judgment that favored state officials by filing a pro se motion for reconsideration. The original claims, brought under 42 U.S.C. §§ 1988 and 1985, alleged civil rights violations arising from the conditions of his community placement, including accusations of the state defendants providing false information. The district court denied his Rule 60(b) motion for relief from judgment, citing the absence of valid grounds as required by precedent. On appeal, the appellant failed to address the district court's denial's substantive rationale, instead claiming judicial error in following federal law. Furthermore, the untimeliness of his notice of appeal precluded the appellate court from reviewing the merits of the original judgment. Consequently, the appellate court affirmed the district court's decision, emphasizing that its ruling cannot be published or cited within the circuit, except under specific provisions. This case underscores the importance of timely appeals and the necessity of establishing valid grounds under Rule 60(b) for relief from judgment.

Legal Issues Addressed

Jurisdiction and Timeliness in Appeals

Application: Sansone's notice of appeal was untimely concerning the original judgment, which resulted in a lack of jurisdiction to review the merits of the underlying judgment.

Reasoning: Sansone's notice of appeal was untimely concerning that judgment, leading to a lack of jurisdiction to address those claims (Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir. 1989)).

Non-Publication and Citation Restrictions

Application: The court's decision to affirm the denial of Sansone's Rule 60(b) motion cannot be published or cited in this circuit except as specified by Ninth Circuit Rule 36-3.

Reasoning: Consequently, the district court's decision to deny the Rule 60(b) motion was affirmed, and the ruling is not to be published or cited in this circuit except as specified by 9th Cir. R. 36-3.

Rule 60(b) Motion for Relief from Judgment

Application: The appellant, Sansone, failed to present valid grounds for relief from judgment under Rule 60(b), as required by the precedent established in Latshaw v. Trainer Wortham Co., Inc.

Reasoning: He does not present any valid grounds for relief from judgment as required under Rule 60(b) of the Federal Rules of Civil Procedure, as established in precedent (Latshaw v. Trainer Wortham Co., Inc., 452 F.3d 1097, 1100 (9th Cir. 2006)).