Mitchell v. San Diego County Sheriff

Full title: Rodney Forbes MITCHELL, Plaintiff-Appellant, v. SAN DIEGO COUNTY SHERIFF…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 30, 2001

17 F. App'x 697 (9th Cir. 2001)

Opinion

17 Fed.Appx. 697 (9th Cir. 2001) Rodney Forbes MITCHELL, Plaintiff-Appellant, v. SAN DIEGO COUNTY SHERIFF; et al., Defendants-Appellees. No. 00-56944. D.C. No. CV-99-01824-NAJ. United States Court of Appeals, Ninth Circuit. August 30, 2001

Submitted August 13, 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NOT FOR PUBLICATION.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 Southern District of California, Napoleon A. Jones, District Judge, Presiding.

Before HAWKINS, TASHIMA, and GOULD, 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.

Rodney Forbes Mitchell appeals pro se the district court's order denying his motion for reconsideration of the judgment dismissing his civil rights action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion the district court's order denying a motion for reconsideration, Shalit v. Coppe, 182 F.3d 1124, 1127 (9th Cir.1999), and we affirm.

Because Mitchell failed to meet his burden of showing (1) mistake, surprise, or excusable neglect, (2) newly discovered evidence, (3) fraud, (4) a void judgment, (5) a satisfied or discharged judgment, or (6) extraordinary circumstances which would justify relief, the district court did not err

Page 698.

by denying Mitchell's motion for reconsideration. See Sch. Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir.1993).

AFFIRMED.