United States v. Joseph Martin ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 9 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 21-10239
Plaintiff-Appellee, D.C. No. 2:14-cr-00678-DGC-1
v.
JOSEPH MARTIN, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted February 7, 2023**
Phoenix, Arizona
Before: HAWKINS, GRABER, and CHRISTEN, Circuit Judges.
Defendant Joseph Martin (“Martin”) appeals the denial of his motion for relief
from judgment filed under Rule 60(b) of the Federal Rules of Civil Procedure. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Martin cannot challenge the final order at issue under rules applicable to civil
proceedings. Rule 1 of the Federal Rules of Civil Procedure unambiguously
provides: “These rules govern the procedure in all civil actions and proceedings in
the United States district courts, except as stated in Rule 81.” The judgment and
order from which Martin seeks relief were not entered in a civil case, but in a
criminal proceeding. Civil Rule 60(b) simply does not provide for the relief Martin
seeks.
AFFIRMED.
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