Perry v. Potter

Full title: Kevin L. PERRY, former postal employee, Plaintiff-Appellant, v. John E…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 15, 2001

22 F. App'x 788 (9th Cir. 2001)

Opinion

22 Fed.Appx. 788 (9th Cir. 2001) Kevin L. PERRY, former postal employee, Plaintiff-Appellant, v. John E. POTTER, ^* Postmaster General, United States Postal Service, Defendant-Appellee. No. 01-55457. D.C. No. CV-99-00743-MLH. United States Court of Appeals, Ninth Circuit. November 15, 2001

Submitted November 5, 2001 ^**.

** This 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NOT FOR PUBLICATION.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 Marilyn L. Huff, District Judge, Presiding.

Before KLEINFELD, McKEOWN, and FISHER, 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 Ninth Circuit Rule 36-3.

Kevin L. Perry appeals pro se the district court's denial of his motion for relief from judgment under Rule 60(b)(1) of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review for abuse of discretion the denial of a Rule 60(b)(1) motion. United States v. $277,000 U.S. Currency, 69 F.3d 1491, 1492 (9th Cir.1995). The district court did not abuse its discretion by denying Perry relief from judgment under Rule 60(b)(1) because Perry failed to show "excusable neglect" for his failure to timely serve the summons and complaint in compliance with Fed.R.Civ.P. 4(m). See Sch. Dist. No. 1J, Multnomah County v. ACandS, Inc., 5 F.3d 1255, 1263 (9th Cir.1993).

Perry's additional contentions lack merit.

AFFIRMED.