Opinion
Because we unanimously find this case suitable for decision without oral argument, we deny Freure's request for oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Female employee filed sexual harassment action against employer. The United States District Court for the Northern District of California, Ronald M. Whyte, J., dismissed suit and denied employee's motion to vacate dismissal of her prior action. The Court of Appeals held that second complaint was not proper vehicle for seeking relief from judgment.
Affirmed.
Appeal from the United States District Court for the Northern District of California Ronald M. Whyte, District Judge, Presiding.
Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.
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.
Lauren Maree Freure appeals the district court's Fed.R.Civ.P. 12(b)(6) dismissal of her 1999 sexual harassment action against the California Department of Corrections ("CDC") and the district court's denial of her Fed.R.Civ.P. 60(b) motion seeking to vacate the dismissal of her 1998 sexual harassment action. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal for failure to state a claim. TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir.1999). We review for abuse of discretion a district court's denial of a Fed.R.Civ.P. 60(b) motion. Wilson v. City of San Jose, 111 F.3d 688, 691 (9th Cir.1997). We affirm.
Because a second complaint is not a proper vehicle to bring a Fed.R.Civ.P. 60(b) motion, the district court properly
Page 767.
granted CDC's motion to dismiss Freure's 1999 action and did not abuse its discretion in denying Freure's counter-motion to vacate the district court's dismissal of her 1998 action for failure to prosecute. See Engleson v. Burlington N. Railroad Co., 972 F.2d 1038, 1043 (9th Cir.1992).
AFFIRMED.