KNORR v. SECURITIES AND EXCHANGE COMMISSION (2018)

JUDGMENT

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief filed by appellant. See Fed. R. App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court's order filed January 4, 2018, be affirmed. The notice of appeal, filed January 5, 2018, is timely only as to the order denying appellant's motion for relief from judgment under Federal Rule of Civil Procedure 60(b). See Fed. R. App. P. 4(a)(1)(B), 4(a)(4)(A)(vi). Thus, the district court's order dismissing the action, entered August 15, 2017, is not before this court, and the order denying relief from judgment is reviewed for abuse of discretion. See Browder v. Director, Illinois Dep't of Corrections, 434 U.S. 257, 263 n.7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978). The district court did not abuse its discretion in denying relief from judgment because appellant failed to identify any grounds for relief under Rule 60(b)(1)-(5) or “extraordinary circumstances” meriting relief under Rule 60(b)(6). Good Luck Nursing Home, Inc. v. Harris, 636 F.2d 572, 577 n.3 (D.C. Cir. 1980) (quoting Ackermann v. United States, 340 U.S. 193, 199, 71 S.Ct. 209, 95 L.Ed. 207 (1950) ).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

Per Curiam