Hector Camarena v. Customs and Border Protection;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HECTOR CAMARENA,
Plaintiff-Appellant,
v.
CUSTOMS AND BORDER
PROTECTION; et al.,
Defendants-Appellees.
No. 16-56233
D.C. No. 3:14-cv-01152-LAB-DHB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Hector Camarena appeals pro se from the district court’s order denying his
motion for relief from the judgment following the dismissal of his action without
prejudice for failure to pay the filing fee. We have jurisdiction under 28 U.S.C.
§ 1291. We review for an abuse of discretion. Casey v. Albertson’s Inc., 362 F.3d
* 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
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 16-56233
1254, 1257 (9th Cir. 2004). We affirm.
The district court did not abuse its discretion by denying Camarena’s motion
for relief from the judgment because Camarena did not identify any grounds for
such relief from the judgment. See Fed. R. Civ. P. 60(b); United Nat’l Ins. Co. v.
Spectrum Worldwide, Inc., 555 F.3d 772, 780 (9th Cir. 2009) (setting forth grounds
for relief).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.

-- 2 of 2 --