Dorothy Javier v. Countrywide Kb Home Loans

FILED NOT FOR PUBLICATION JAN 25 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DOROTHY JAVIER, No. 10-17398 Plaintiff - Appellant, D.C. No. 2:09-cv-00568-LDG- PAL v. COUNTRYWIDE KB HOME LOANS; et MEMORANDUM * al., Defendants - Appellees. Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Dorothy Javier appeals pro se from the district court’s judgment in her action arising out of foreclosure proceedings. We have jurisdiction under 28 * 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). U.S.C. § 1291. We review for an abuse of discretion the district court’s order denying a motion to reconsider. Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm. The district court did not abuse its discretion by denying Javier’s motion to reconsider because Javier 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); Sch. Dist. No. 1J, Multnomah Cnty., Or., 5 F.3d at 1263. Contrary to Javier’s contention, the district court had subject matter jurisdiction over her claims arising under federal statutes and thus removal was proper. See 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”). AFFIRMED. 2 10-17398