FILED
NOT FOR PUBLICATION AUG 04 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LESLIE M. JAMES, No. 14-56285
Plaintiff - Appellant, D.C. No. 2:14-cv-00519-DSF-JEM
v.
MEMORANDUM*
J.P. MORGAN CHASE BANK, N.A.; et
al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Leslie M. James appeals pro se from the district court’s judgment dismissing
his action alleging various claims arising from foreclosure proceedings. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a
*
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).
district court’s denial of a motion for reconsideration. Sch. Dist. No. 1J,
Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We
affirm.
We treat the district court’s July 29, 2014 order as denying a second motion
for reconsideration, and conclude that the district court did not abuse its discretion
by denying the motion because James failed to establish grounds for such relief.
See id. at 1263 (grounds for reconsideration); see also Am. Ironworks & Erectors,
Inc. v. N. Am. Constr. Corp., 248 F.3d 892, 899 (9th Cir. 2001) (holding that the
district court did not abuse its discretion by denying a Fed. R. Civ. P. 60(b) motion
where movants reiterated arguments raised previously and did not present any
basis to vacate the challenged order).
We lack jurisdiction to consider James’s contentions regarding the dismissal
of his underlying claims or the denial of his first motion for reconsideration
because the operative notice of appeal was only timely as to the denial of his
second motion for reconsideration. See Fed. R. App. P. 4(a)(1)(A) (notice of
appeal must be filed within 30 days after entry of judgment or order appealed
from).
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
2 14-56285
James’s requests, set forth in his reply brief, are denied.
AFFIRMED.
3 14-56285