John Turner v. High Desert State Prison;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN TURNER,
Plaintiff-Appellant,
v.
HIGH DESERT STATE PRISON; et al.,
Defendants-Appellees.
No. 16-16574
D.C. No. 2:13-cv-01740-JAD-VCF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Jennifer A. Dorsey, District Judge, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
John Turner, a Nevada state prisoner, appeals pro se from the district court’s
order denying his motion for relief from judgment following the dismissal of his 42
U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291. We review
for an abuse of discretion, Bateman v. U.S. Postal Serv., 231 F.3d 1220, 1223 (9th
* 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
AUG 16 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-16574
Cir. 2000), and we affirm.
The district court did not abuse its discretion by denying Turner’s motion for
relief from judgment under Fed. R. Civ. P. 60(b)(1) because Turner failed to
inform the court of his change of address as required by United States District
Court District of Nevada Local Rule 2-2, and failed to show excusable neglect.
See id. at 1223-24 (discussing Pioneer-Briones factors to determine whether
neglect is excusable).
All pending motions and requests are denied.
AFFIRMED.

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