Opinion
No. 18-17094
06-09-2020
TACUMA J. M'WANZA, Plaintiff-Appellant, v. Q. BYRNA, Deputy Director; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 3:16-cv-00590-MMD-WGC MEMORANDUM Appeal from the United States District Court for the District of Nevada
Miranda M. Du, District Judge, Presiding Before: LEAVY, PAEZ, and BENNETT, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Former Nevada state prisoner Tacuma J. M'Wanza appeals pro se from the district court's order denying his motion for reconsideration of the judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Sch. Dist. No. 1J, Mulnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We vacate and remand.
The district court denied M'wanza's motion for reconsideration because M'wanza failed to establish a valid basis for relief. However, the district court focused on only one factor of the equitable test for excusable neglect. See Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 395 (1993) (outlining the four-factor test for determining excusable neglect); see also Briones v. Riviera Hotel & Casino, 116 F.3d 379, 381 (9th Cir. 1997) (holding that the test set out in Pioneer applies to Rule 60(b) motions). We vacate and remand for the district court to consider the four-factor test in the first instance.
VACATED and REMANDED.