FILED
NOT FOR PUBLICATION MAR 10 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALVIN RONNEL ROSS, No. 09-16442
Plaintiff - Appellant, D.C. No. 1:08-cv-00060-DLB
v.
MEMORANDUM *
JAMES E. TILTON, CDCR Secretary and
DERRAL G. ADAMS, Warden,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Dennis L. Beck, Magistrate Judge, Presiding **
Submitted February 15, 2011 ***
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
California state prisoner Alvin Ronnel Ross appeals pro se from the district
court’s order denying his motion to reconsider the district court’s judgment
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
Ross consented to the jurisdiction of the magistrate judge. See
28 U.S.C. § 636(c).
*** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
dismissing his 42 U.S.C. § 1983 action alleging violations of his due process and
equal protection rights under the Fourteenth Amendment. We have jurisdiction
under 28 U.S.C. § 1291. We review for an abuse of discretion, Molloy v. Wilson,
878 F.2d 313, 315 (9th Cir. 1989), and we affirm.
The district court did not abuse its discretion by denying the motion to
reconsider because Ross has failed to demonstrate mistake, inadvertence, surprise,
excusable neglect, newly discovered evidence, or any other basis for relief from
judgment. See Fed. R. Civ. P. 60(b); see also Molloy, 878 F.3d at 316.
AFFIRMED.
2 09-16442