Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the Northern District of California. D.C. No. 5:10-cv-04832-LHK. Lucy Koh, District Judge, Presiding.
JAIME IGNACIO ESTRADA, Plaintiff - Appellant, Pro se, Delano, CA.
For C. MALO CLINES, FNP Doctor, Pelican Bay State Prison, Defendant - Appellee: Susan Eileen Coleman, Esquire, Senior, Litigation Attorney, Burke, Williams & Sorensen, LLP, Los Angeles, CA; Martin Kosla, Burke, Williams & Sorensen, LLP, Los Angeles, CA.
Before: ALARC§N, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
California state prisoner Jaime Ignacio Estrada appeals pro se from the district court's order denying his Fed.R.Civ.P. Rule 60(b) motion to vacate entry of summary judgment in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Williams v. Woodford, 384 F.3d 567, 586 (9th Cir. 2004), and we affirm.
The district court properly concluded that it lacked jurisdiction to entertain Estrada's Rule 60(b) motion, which was filed after the notice of appeal had been filed, thereby depriving the district court of its jurisdiction. See id. (vacating for lack of jurisdiction an order denying a Rule 60(b) motion where the motion was filed after the notice of appeal and movant did not follow the procedure for seeking a remand of the case back to district court).
AFFIRMED.