James Bowell v. R. Gamberg ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 20 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JAMES EDWARD BOWELL, No. 13-16835
Plaintiff - Appellant, D.C. No. 2:10-cv-00397-JAM-
DAD
v.
R. GAMBERG; et al., MEMORANDUM*
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
John A. Mendez, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
James Edward Bowell, a California state prisoner, appeals pro se from the
district court’s order denying his motions for reconsideration in his 42 U.S.C.
§ 1983 action alleging excessive force, failure to protect, and denial of access to
courts. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
discretion, Sch. Dist. No. 1J Multnomah County v. ACandS, Inc., 5 F.3d 1255,
1262 (9th Cir.1993), and we affirm.
The district court did not abuse its discretion in denying Bowell’s motions
for reconsideration because Bowell failed to demonstrate any basis for relief. See
id. at 1262-63 (grounds for reconsideration under Fed. R. Civ. P. 60); see also
Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1103 (9th Cir. 2006)
(Rule 60(b)(6) requirements); Casey v. Albertson’s Inc., 362 F.3d 1254, 1260 (9th
Cir. 2004) (Rule 60(b)(3) requirements); Coastal Transfer Co. v. Toyota Motor
Sales, U.S.A., 833 F.2d 208, 211 (9th Cir. 1987) (Rule 60(b)(2) requirements).
We do not consider Bowell’s challenge to the underlying grant of summary
judgment and other pre-trial motions because Bowell failed to file a timely notice
of appeal or a timely post-judgment tolling motion. See Fed. R. App. P.
4(a)(1)(A), (a)(4)(A).
Bowell’s requests for appointment of counsel set forth in his briefs are
denied.
Bowell’s request for publication, filed on January 31, 2014, is denied.
AFFIRMED.
2 13-16835