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Walton v. Czerniak

United States Court of Appeals, Ninth Circuit
Sep 27, 2005
No. 04-35573 (9th Cir. Sep. 27, 2005)

Opinion


TYRONE EARL WALTON, Plaintiff - Appellant, v. STANLEY CZERNIAK; et al., Defendants - Appellees, and DON MILLS; et al., Defendants. No. 04-35573 United States Court of Appeals, Ninth Circuit September 27, 2005

NOT FOR PUBLICATION

Submitted September 12, 2005

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Appeal from the United States District Court for the District of Oregon D.C. No. CV-03-00065-GMK Garr M. King, District Judge, Presiding

Before: REINHARDT, RYMER, and HAWKINS, 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 provided by 9th Cir. R. 36-3.

Oregon state prisoner Tyrone Earl Walton appeals pro se the district court§s order denying his motion to reconsider its order dismissing his 42 U.S.C. § 1983 action against prison officials for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e(a). We review a district court§s denial of a motion to reconsider for an abuse of discretion, see Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 883 (9th Cir. 2000), and we affirm.

Because Walton did not file a notice of appeal within 30 days of the underlying judgment dismissing his section 1983 action and did not file a timely tolling motion, this court has limited the scope of Walton§s appeal to the denial of his motion to reconsider.

The district court did not abuse its discretion by denying Walton§s request for reconsideration because he failed to demonstrate newly discovered evidence, manifest injustice, an intervening change in controlling law, or any other basis for relief from judgment. See School Dist. No. IJ, Multnomah County v. ACandS, Inc., __ Or. __, 5 F.3d 1255, 1263 (9th Cir. 1993).

AFFIRMED.


Summaries of

Walton v. Czerniak

United States Court of Appeals, Ninth Circuit
Sep 27, 2005
No. 04-35573 (9th Cir. Sep. 27, 2005)
Case details for

Walton v. Czerniak

Case Details

Full title:TYRONE EARL WALTON, Plaintiff - Appellant, v. STANLEY CZERNIAK; et al.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 27, 2005

Citations

No. 04-35573 (9th Cir. Sep. 27, 2005)