Ireland Bank v. Hollingsworth

Full title: IRELAND BANK; et al., Plaintiffs-Appellees, v. Bill HOLLINGSWORTH…

Court: United States Court of Appeals, Ninth Circuit

Date published: Dec 27, 2001

23 F. App'x 840 (9th Cir. 2001)

Opinion

23 Fed.Appx. 840 (9th Cir. 2001) IRELAND BANK; et al., Plaintiffs-Appellees, v. Bill HOLLINGSWORTH, Defendant-Appellant. No. 00-35581. D.C. No. CV-00-00333-BLW. United States Court of Appeals, Ninth Circuit. December 27, 2001

Submitted December 17, 2001 ^*.

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding.

Before SCHROEDER, Chief Judge, TROTT and PAEZ, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Bill Hollingsworth appeals the district court's order denying his Fed.R.Civ.P. 60(b) motion for reconsideration of summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion. Bateman v. United States Postal Serv., 231 F.3d 1220, 1223 (9th Cir.2000). We affirm.

Because Hollingsworth waited over five years from the entry of judgment to file his Rule 60(b) motion, and failed to explain the delay, the district court did not abuse its discretion in denying the motion as untimely. See Ashford v. Steuart, 657 F.2d 1053, 1054-55 (9th Cir.1981) (per curiam).

AFFIRMED.