Paul Beste v. Donald Lewin

FILED NOT FOR PUBLICATION DEC 3 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT PAUL DEN BESTE, No. 13-15460 Appellant, D.C. No. 3:12-cv-01625-EMC v. MEMORANDUM* DONALD LEWIN; et al., Appellees. Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding Submitted November 18, 2014** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges. Paul Den Beste appeals pro se from the district court’s order denying his motion to vacate the judgment. We have jurisdiction under 28 U.S.C. § 158(d). We review for an abuse of discretion, Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993), and we affirm. * 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). The district court did not abuse its discretion in denying Den Beste’s motion to vacate its judgment because Den Beste failed to establish any basis for such relief. See id. at 1263 (setting forth grounds to vacate judgment). Den Beste’s opposed motion to strike appellees’ briefs and for sanctions, filed on October 7, 2013, is denied. AFFIRMED. 2 13-15460