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Javier v. Countrywide KB Home Loans

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 25, 2012
467 F. App'x 612 (9th Cir. 2012)

Opinion

No. 10-17398 D.C. No. 2:09-cv-00568-LDG-PAL

01-25-2012

DOROTHY JAVIER, Plaintiff - Appellant, v. COUNTRYWIDE KB HOME LOANS; et al., Defendants - Appellees.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the District of Nevada

Lloyd D. George, District Judge, Presiding


Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

Dorothy Javier appeals pro se from the district court's judgment in her action arising out of foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion the district court's order denying a motion to reconsider. Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not abuse its discretion by denying Javier's motion to reconsider because Javier failed to demonstrate mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or any other basis for relief from judgment. See Fed. R. Civ. P. 60(b); Sch. Dist. No. 1J, Multnomah Cnty., Or., 5 F.3d at 1263.

Contrary to Javier's contention, the district court had subject matter jurisdiction over her claims arising under federal statutes and thus removal was proper. See 28 U.S.C. § 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.").

AFFIRMED.


Summaries of

Javier v. Countrywide KB Home Loans

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 25, 2012
467 F. App'x 612 (9th Cir. 2012)
Case details for

Javier v. Countrywide KB Home Loans

Case Details

Full title:DOROTHY JAVIER, Plaintiff - Appellant, v. COUNTRYWIDE KB HOME LOANS; et…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 25, 2012

Citations

467 F. App'x 612 (9th Cir. 2012)