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Smith v. Haugen

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2015
599 F. App'x 322 (9th Cir. 2015)

Opinion

No. 13-35449

03-20-2015

WILLIAM TERRY SMITH, Plaintiff - Appellant, v. JOHN HAUGEN; MARC OKULEY, Defendants - Appellees.


NOT FOR PUBLICATION

D.C. No. 3:12-cv-00249-RRB MEMORANDUM Appeal from the United States District Court for the District of Alaska
Ralph R. Beistline, Chief District Judge, Presiding
Before: HUG, FARRIS, and CANBY, Circuit Judges.

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

William Terry Smith appeals pro se from the district court's order denying his motion for reconsideration following the dismissal of his 42 U.S.C. § 1983 action as barred by the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

We review the district court's denial of the motion for reconsideration for abuse of discretion. Benson v. JPMorgan Chase Bank, N.A., 673 F.3d 1207, 1211 (9th Cir. 2012). We review the underlying law de novo to determine whether the district court abused its discretion by relying on an inaccurate view of the law. Id.

The district court did not abuse its discretion by denying Smith's motion for reconsideration because he failed to establish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth grounds for reconsideration under Fed.R.Civ.P. 60(b)).

We do not address issues that were neither raised in Smith's motion for reconsideration nor addressed in the district court's order denying that motion. See Hillis v. Heineman, 626 F.3d 1014, 1019 (9th Cir. 2010).

AFFIRMED.


Summaries of

Smith v. Haugen

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 20, 2015
599 F. App'x 322 (9th Cir. 2015)
Case details for

Smith v. Haugen

Case Details

Full title:WILLIAM TERRY SMITH, Plaintiff - Appellant, v. JOHN HAUGEN; MARC OKULEY…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 20, 2015

Citations

599 F. App'x 322 (9th Cir. 2015)