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IN RE: Farouk E. NAKHUDA, Debtor. Andrew W. Shalaby, Appellant.
MEMORANDUM **
Attorney Andrew W. Shalaby appeals pro se from the Bankruptcy Appellate Panel's judgment affirming the bankruptcy court's order denying Shalaby's April 14, 2018 Rule 60(b) motion to amend a sanctions order. We have jurisdiction under 28 U.S.C. § 158(d). We review for an abuse of discretion the bankruptcy court's ruling on a motion under Federal Rule of Civil Procedure 60(b). Phillips v. Gilman (In re Gilman), 887 F.3d 956, 963 (9th Cir. 2018). We affirm.
The bankruptcy court did not abuse its discretion in denying Shalaby's Rule 60(b) motion because Shalaby failed to demonstrate any basis for relief. See Fed. R. Bankr. P. 9024 (making Rule 60 applicable to bankruptcy cases); Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1102-03 (9th Cir. 2006) (discussing required showing for Rule 60(b)(6) relief and explaining that relief may be granted “only where extraordinary circumstances” are present (citations and quotation marks omitted)); SEC v. Coldicutt, 258 F.3d 939, 941 (9th Cir. 2001) (discussing conditions under which a court may modify an order under Rule 60(b)(5)).
We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Shalaby's motion for summary disposition (Docket Entry No. 11) is denied as moot.
AFFIRMED.
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Docket No: No. 19-60022
Decided: March 09, 2020
Court: United States Court of Appeals, Ninth Circuit.
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