NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 1 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DELANEY E. SMITH, Jr., M.D., an No. 16-56176
individual,
D.C. No. 2:00-cv-05986-RGK-
Plaintiff-Appellant, CWX
and
MEMORANDUM*
STEPHANIE SMITH, an individual;
BALDWIN HILLS MEDICAL GROUP
CORPORATION, a California Medical
Corporation,
Plaintiffs,
v.
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted May 24, 2017**
*
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
Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,
Circuit Judges.
Delaney E. Smith, Jr. appeals pro se from the district court’s order denying
his Federal Rule of Civil Procedure 60(b) motion. We have jurisdiction under 28
U.S.C. § 1291. We review for an abuse of discretion. Casey v. Albertson’s Inc.,
362 F.3d 1254, 1257 (9th Cir. 2004). We affirm.
The district court did not abuse its discretion in denying Smith’s Rule 60(b)
motion because Smith filed his motion nearly ten years after this action was closed
and Smith failed to establish any basis for relief. See Fed. R. Civ. P. 60(c)(1) (a
motion to vacate an order under Rule 60(b) must be brought “within a reasonable
time”); Lemoge v. United States, 587 F.3d 1188, 1196 (9th Cir. 2009) (“What
constitutes ‘reasonable time’ depends upon the facts of each case, taking into
consideration the interest in finality, the reason for delay, the practical ability of the
litigant to learn earlier of the grounds relied upon, and prejudice to the other
parties.” (citation and internal quotation marks omitted)); Casey, 362 F.3d at 1260
(requirements for obtaining relief under Rule 60(b)(3)); United States v. Berke, 170
F.3d 882, 883 (9th Cir. 1999) (requirements for obtaining relief under Rule
60(b)(4)).
We do not consider matters not specifically and distinctly raised and argued
without oral argument. See Fed. R. App. P. 34(a)(2).
2 16-56176
in the opening brief, or arguments raised for the first time on appeal. See Padgett
v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.
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