Opinion
No. 16-16574
08-16-2017
JOHN TURNER, Plaintiff-Appellant, v. HIGH DESERT STATE PRISON; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 2:13-cv-01740-JAD-VCF MEMORANDUM Appeal from the United States District Court for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
John Turner, a Nevada state prisoner, appeals pro se from the district court's order denying his motion for relief from judgment following the dismissal of his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9th Cir. 2000), and we affirm.
The district court did not abuse its discretion by denying Turner's motion for relief from judgment under Fed. R. Civ. P. 60(b)(1) because Turner failed to inform the court of his change of address as required by United States District Court District of Nevada Local Rule 2-2, and failed to show excusable neglect. See id. at 1223-24 (discussing Pioneer-Briones factors to determine whether neglect is excusable).
All pending motions and requests are denied.
AFFIRMED.