Reverend W. Eugene Scott v. Evelle J. Younger, 739 F.2d 1464 (9th Cir. 1984). · Go Syfert
Reverend W. Eugene Scott v. Evelle J. Younger, 739 F.2d 1464 (9th Cir. 1984). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, last quoted 2008 · 2 courts · …is jurisdictional and cannot be extended by the court at p. 1467
cited 3× by 2 distinct cases, last quoted 2006 · …where a conflict arises between the two, federal rules must prevail. ⚠ not in text
154 citation events (60 in the last 25 years) across 16 distinct courts.
Strongest positive: Ernesto Martinez v. Charles Ryan (ca9, 2019-06-18)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ernesto Martinez v. Charles Ryan
9th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the district court's order is construed as a denial of scott's request to 'entertain' the motion to vacate, that denial is interlocutory in nature and not appealable.
discussed Cited as authority (verbatim quote) Anthony Amerson v. Kindredcare (2×) also: Cited as authority (rule)
9th Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
failure to timely file a notice of appeal must result in dismissal for lack of appellate jurisdiction.
discussed Cited as authority (quoted) Impossible Foods Inc. v. Jaddou
N.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence low
that time period specified in rule 59(e) is jurisdictional and cannot be 13 extended by the court.
discussed Cited as authority (quoted) Shaw v. Sherman
S.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence low
that time period specified in rule 59(e) is jurisdictional and 27 1 cannot be extended by the court.
discussed Cited as authority (rule) McGee v. Milpitas Police Department
N.D. Cal. · 2023 · confidence medium
Even if the Court were to construe Mr. McGee’s filing as a 26 motion under Rule 60(b), it lacks jurisdiction to grant it because a notice of appeal has been filed. 27 Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984). 1 IT IS SO ORDERED. 2 Dated: November 21, 2023 3 . 28 ‘ Vuisuin®, QeManrcbe VIRGINIA K.
discussed Cited as authority (rule) (PC) Cruz v. Gonzalez
E.D. Cal. · 2022 · confidence medium
Griggs v. Provident Consumer Discount Co., 4 | 459 U.S. 56, 58 (1982); Bermudez v. Duenas, 936 F.2d 1064, 1068 (9th Cir. 1991); Gould v. 5 | Mutual Life Insurance Company of New York, 790 F.2d 769, 772 (9th Cir. 1986); Scott v. 6 | Younger, 739 F.2d 1464, 1466 (9th Cir. 1984); Davis v. United States, 667 F.2d 822, 824 (9th Cir. 7 | 1982). 8 A notice of appeal does not divest the district court of jurisdiction if, at the time it was 9 || filed, “there was a pending motion for reconsideration.” United Nat'l Ins.
cited Cited as authority (rule) Shimizu v. Ochiai
D. Haw. · 2022 · confidence medium
Co., 790 F.2d 769, 772 (9th Cir. 1986) (quoting Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984)); see also Fed.
discussed Cited as authority (rule) Ernesto Martinez v. David Shinn
9th Cir. · 2022 · confidence medium
We declined to reach the discovery requests relevant to the potential Brady and Napue claims because the district court’s ruling on Martinez’s “Request for Indication” constituted a non-reviewable order that was procedural and “interlocutory in nature.” Id. at 1229 (quoting Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984)).
discussed Cited as authority (rule) Scott Hanson v. William Shubert
9th Cir. · 2020 · confidence medium
SHUBERT 7 running of the appeal period.” Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir. 1984) (citing Cel-A-Pak v. Cal. Agric.
discussed Cited as authority (rule) Shields v. United States
N.D. Cal. · 2020 · confidence medium
The 28-day time 19 period for filing a Rule 59(e) motion “is jurisdictional and cannot be extended by the court.” Scott 20 v. Younger, 739 F.2d 1464, 1467 (9th Cir. 1984) (addressing then-applicable 10-day period under 21 Rule 59(e) before statutory amendment expanded the period to 28 days); see also Fed.
discussed Cited as authority (rule) (PC) Franks v. Stanislaus County Sheriff's Department
E.D. Cal. · 2019 · confidence medium
Griggs v. Provident Consumer Discount Co., 459 3 | U.S. 56, 58 (1982) (per curiam); Bermudez v. Duenas, 936 F.2d 1064, 1068 (9th Cir. 1991); 4 | Gould v. Mutual Life Insurance Company of New York, 790 F.2d 769, 772 (9th Cir. 1986); Scott 5 | v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984); Davis v. United States, 667 F.2d 822, 824 (9th 6 | Cir. 1982) 7 Here, once Plaintiff filed his timely notice of appeal, this Court was divested of g || justification of all matters related to the appeal.
discussed Cited as authority (rule) In re: Erik J. Sundquist and Renee Sundquist
9th Cir. BAP · 2019 · confidence medium
See Rule 8002(b); Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir. 1984) (timely Rule 59(e) motion tolls the running of the time limitations for filing the notice of appeal until the trial court rules on the motion).
cited Cited as authority (rule) Silverwing at Sandpoint, LLC v. Bonner County
9th Cir. · 2017 · confidence medium
The denial of such a motion is not appealable and, if appealed, is subject to dismissal under Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984).
discussed Cited as authority (rule) Alpha Services v. Thomas Perez
9th Cir. · 2017 · confidence medium
We “review the district court’s exercise of jurisdiction de novo.” United States v. Powell, 24 F.3d 28, 30 (9th Cir. 1994) (citing Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984)) (emphasis original).
discussed Cited as authority (rule) In re: Loretta J. Brown
9th Cir. BAP · 2013 · confidence medium
See Defenders of 15 Wildlife v. Bernal, 204 F.3d 920, 930 (9th Cir. 1999); and Scott 16 v. Younger, 739 F.2d 1464, 1466 (9th Cir. 1984). 17 Here, the bankruptcy court was divested of jurisdiction over 18 the Adversary Proceeding when Appellants appealed from the Final 19 Judgment.8 As a result, its order denying the Civil 20 Rule 60(b)(6) motion is nonappealable. 21 CONCLUSION 22 Based on the foregoing, we DISMISS this appeal. 23 24 25 26 8 We acknowledge that the docket does not reflect compliance with Civil Rule 58, as the Final Judgment was not 27 contained in a separate document.
discussed Cited as authority (rule) John Burton v. Spokane Police Department
9th Cir. · 2013 · confidence medium
We review de novo the district court’s determination of jurisdiction over a Fed.R.Civ.P. 60(b) motion, Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), and for an abuse of discretion the district court’s denial of such a motion, Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1100 (9th Cir.2006).
discussed Cited as authority (rule) Gregory Norwood v. Steve Vance
9th Cir. · 2013 · confidence medium
We review de novo the district court’s determination of jurisdiction over a Fed.R.Civ.P. 60(b) motion, Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), and for an abuse of discretion the district court’s denial of such a motion, Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1100 (9th Cir.2006).
discussed Cited as authority (rule) John Burton v. Spokane Police Department
9th Cir. · 2012 · confidence medium
We review de novo the district court’s determination of jurisdiction over a Fed.R.Civ.P. 60(b) motion, Scott v. Younger, 739 F.2d 1464,1466 (9th Cir.1984), and for an abuse of discretion the district court’s denial of such a motion, Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1100 (9th Cir.2006).
discussed Cited as authority (rule) Gadd v. United States (2×) also: Cited "see"
9th Cir. · 2010 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) Jerry Davis, Dux Capital Management Corporation v. Yageo Corporation Yageo Holding (Bermuda) Limited Yan Sheng Chan An-Ehr Chen Cheng-Ling Lee, Equity Plus Securities, Limited Rex Y.C. Yang Wen-Chin Yeh, Dux Capital Management Corporation Jerry Davis v. Yageo Corporation Yageo Holding (Bermuda) Limited Yan Sheng Chan An-Ehr Chen Equity Plus Securities, Limited Cheng-Ling Lee Rex Y.C. Yang Wen-Chin Yeh Rextron International Limited, Dux Capital Management Corporation Jerry Davis v. Yageo Corporation Yageo Holding (Bermuda) Limited Yan Sheng Chan An-Ehr Chen Equity Plus Securities, Limited Cheng-Ling Lee Rex Y.C. Yang Wen-Chin Yeh Rextron International Limited, Dux Capital Management Corporation, and Jerry Davis v. E. Lynn Schoenmann, George Q. Chen, Yageo Corporation Yageo Holding (Bermuda) Limited Pierre T.M. Chen Rextron International Limited An-Ehr Chen Yan Sheng Chan Cheng-Ling Lee, Intervenors
9th Cir. · 2007 · confidence medium
However, a district court may entertain and decide a Rule 60(b) motion after notice of appeal is filed if the movant follows a certain procedure, which is to "ask the district court whether it wishes to entertain the motion, or to grant it, and then move this court, if appropriate, for remand of the case." Id. (internal quotation marks and citations omitted); see also Defenders of Wildlife v. Bernal, 204 F.3d 920, 930 (9th Cir.2000) (holding that a district court order declining to entertain or grant a Rule 60(b) motion is not a final determination on the merits); Scott v. Younger, 739 F.2d 14…
discussed Cited as authority (rule) Dux Captial Mgt v. Yageo
9th Cir. · 2007 · confidence medium
However, a district court may entertain and decide a Rule 60(b) motion after notice of appeal is filed if the movant follows a certain procedure, which is to “ask the district court whether it wishes to entertain the motion, or to grant it, and then move this court, if appropriate, for remand of the case.” Id. (internal quotation marks and citations omitted); see also Defenders of Wildlife v. Bernal, 204 F.3d 920, 930 (9th Cir.2000) (holding that a district court order declining to entertain or grant a Rule 60(b) motion is not a final determination on the merits); Scott v. Younger, 739 F.2…
examined Cited as authority (rule) United States v. Comprehensive Drug Testing, Inc. (4×) also: Cited "see"
9th Cir. · 2006 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984) (citing Cel-A-Pak v. California Agric.
discussed Cited as authority (rule) United States v. Comprehensive Drug Testing, Inc., Major League Baseball Players Association v. United States of America, in Re Search Warrants Executed on April 8, 2004 at Cdt, Inc., Seal 1 v. Seal 2 (2×) also: Cited "see"
9th Cir. · 2006 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984) (citing Cel-A-Pak v. California Agric.
discussed Cited as authority (rule) Ihsan v. Bruno (2×) also: Cited "see"
9th Cir. · 2006 · confidence medium
Reviewing de novo, Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984); Clark v. Bear Stearns & Co., Inc., 966 F.2d 1318, 1320 (9th Cir.1992), we affirm.
cited Cited as authority (rule) Martinez v. Giurbino
9th Cir. · 2005 · confidence medium
P. 4(a)(1); Scott v. Younger, 739 F.2d 1464, 1466-67 (9th Cir.1984).
discussed Cited as authority (rule) Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San Quentin
9th Cir. · 2004 · confidence medium
To seek Rule 60(b) relief during the pendency of an appeal, “ ‘the proper procedure is to ask the district court whether it wishes to entertain the motion, or to grant it, and then move this court, if appropriate, for remand of the case.’ ” Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984) (quoting Long v. Bureau of Econ.
cited Cited as authority (rule) Shepherd v. International Paper Co.
5th Cir. · 2004 · confidence medium
E.g., Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984). 7 .
cited Cited as authority (rule) Marc Feldman v. Allstate Insurance Company Vicki Weed
9th Cir. · 2003 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) Stanley Williams v. Jeanne Woodford, Warden, California State Prison, San Quentin
9th Cir. · 2002 · confidence medium
To seek Rule 60(b) relief during the pendency of an appeal, “ ‘the proper procedure is to ask the district court whether it wishes to entertain the motion, or to grant it, and then move this court, if appropriate, for remand of the case.’ ” Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984) (quoting Long v. Bu *684 reau of Econ.
cited Cited as authority (rule) Thoburn v. Keefe
9th Cir. · 2002 · confidence medium
P. 38; Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984).
discussed Cited as authority (rule) Religious Technology Center v. Henson (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
R.Civ.P. 60(b) motion, Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), and we review for abuse of discretion the district court’s denial of such a motion, Lafarge Cornells et Etudes, S.A. v. Kaiser Cement & Gypsum Corp., 791 F.2d 1334, 1338 (9th Cir.1986).
discussed Cited as authority (rule) Martin v. Quackenbush (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
We review de novo the district court’s exercise of jurisdiction, Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), and we affirm.
discussed Cited as authority (rule) Continental Laboratory Products, Inc. v. Medax International, Inc.
S.D. Cal. · 2000 · confidence medium
See Fed.R.Civ.P. 59(d)-(e); Burnam v. Amoco Container Co., 738 F.2d 1230, 1231 (11th Cir.1984) (per curiam) (holding that district court has limited authority under Rule 59 to alter or amend judgment sua sponte so long as court acts within 10 days of entry of judgment); Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984) (holding that 10 day period under Rule 59 is jurisdictional and cannot be waived by the district court). 2 .
discussed Cited as authority (rule) 78 Fair empl.prac.cas. (Bna) 1601, 74 Empl. Prac. Dec. P 45,725, 75 Empl. Prac. Dec. P 45,725 Frank R. Fobian v. Storage Technology Corporation, Ralph D. Green v. Storage Technology Corporation, Frank R. Fobian Ralph D. Green v. Storage Technology Corporation, Frank R. Fobian Ralph D. Green v. Storage Technology Corporation
4th Cir. · 1999 · confidence medium
If we were to hold, as the Company urges and as two of our sister circuits have held, that an appeal divests a district court of all jurisdiction to entertain such motions, see Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir.1993); Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), the initial review of a Rule 60(b) motion would have to be made at the appellate level; an appellate court would have to consider the motion and determine if it should even be entertained by the district court.
discussed Cited as authority (rule) Fobian v. Storage Technology Corp.
4th Cir. · 1999 · confidence medium
If we were to hold, as the Company urges and as two of our sister circuits have held, that an appeal divests a district court of all jurisdiction to entertain such motions, see Pittock v. Otis Elevator Co., 8 F.3d 325, 327 (6th Cir.1993); Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984), the initial review of a Rule 60(b) motion would have to be made at the appellate level; an appellate court would have to consider the motion and determine if it should even be entertained by the district court.
cited Cited as authority (rule) Weaver v. Burger King Corp. (In Re Weaver)
Bankr. D. Mont. · 1998 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) William P. Lindo, Jr. v. City and County of San Francisco, Department of Social Services the Civil Service Commission (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) Echols v. Yukon Telephone Co., Inc.
9th Cir. · 1994 · confidence medium
See Fed.R.App.P. 38; Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984) (sanctions for and costs appropriate when appeal is frivolous). 13 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited Cited as authority (rule) United States v. Edward L. Powell
9th Cir. · 1994 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
cited Cited as authority (rule) United States v. John Wesley Helms
9th Cir. · 1994 · confidence medium
See Smith v. Lujan, 588 F.2d 1304, 1307 (9th Cir.1979); Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
cited Cited as authority (rule) Charles Michael Byers v. United States Navy
9th Cir. · 1993 · confidence medium
Fed.R.Civ.P. 59(e); Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984).
cited Cited as authority (rule) R. Dean Harman v. Eva Harper
9th Cir. · 1993 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1467 (9th Cir.1984).
discussed Cited as authority (rule) Chen v. U.S. Dept. of Housing and Urban Development
9th Cir. · 1993 · confidence medium
The proper procedure to seek Rule 60(b) relief during the pendency of an appeal is to "ask the district court whether it wishes to entertain the motion, or to grant it, and then move this court, if appropriate, for remand of the case." Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984) (quotations omitted).
cited Cited as authority (rule) Richard E. Moulton v. Kenneth C. Cory
9th Cir. · 1993 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) Nolan Edward Klein v. Shermann Boxx County of Washoe Daniel Bogden (2×)
9th Cir. · 1993 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
examined Cited as authority (rule) James B. Turner, Plaintiff-Counter-Defendant-Appellant v. Metro, Municipality of Metropolitan Seattle, Defendant-Counter-Claimant-Appellee (3×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
cited Cited as authority (rule) Hector Castellon v. Harol Whitley
9th Cir. · 1992 · confidence medium
Co., 790 F.2d 769, 772 (9th Cir.), cert. denied, 479 U.S. 987 (1986); Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) Allan Miller v. Pamela Iles South Orange County Sml (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
"Failure to timely file a notice of appeal must result in dismissal for lack of appellate jurisdiction." Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
discussed Cited as authority (rule) Anthony Cozzetti v. United States (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
Scott v. Younger, 739 F.2d 1464, 1466 (9th Cir.1984).
cited Cited as authority (rule) Raul Saldano v. U.S. Postal Service
9th Cir. · 1992 · confidence medium
Scott v. Younger, 739 F.2d 1464, 166-67 (9th Cir.1984); Bestran Corp. v. Eagle Comtronics, Inc., 720 F.2d 1019, 1019 (9th Cir.1983).
Retrieving the full opinion text from the archive…
Reverend W. Eugene SCOTT, Plaintiff-Appellant,
v.
Evelle J. YOUNGER, Et Al., Defendants-Appellees
83-6090.
Court of Appeals for the Ninth Circuit.
Aug 14, 1984.
739 F.2d 1464
1984 U.S. App. LEXIS 19577
Edward L. Masry, Sherman Oaks, Cal., Kenneth E. Roberson, Glendale, Cal., for plaintiff-appellant., George H. Wu, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.
Choy, Skopil, Wilkins.
Cited by 106 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #45,714 of 633,719
Citer courts: N.D. California (1) · S.D. California (1)
SKOPIL, Circuit Judge:

Appellant Reverend Scott seeks review of the district court’s denial of his motions to vacate judgment and for reconsideration. The district court lacked jurisdiction to consider Scott’s motions, and accordingly, properly denied them. We find that Scott’s appeal is frivolous and we exercise our discretionary power to invoke sanctions.

FACTS AND PROCEEDINGS BELOW

Scott is head of Faith Center, a non-profit church corporation. In 1977 the Federal Communications Commission (FCC) initiated an investigation of Faith Center’s broadcast activities. Eventually the license renewal applications for three stations were dismissed for Faith Center’s refusal to cooperate.

In August 1978, during the administrative hearings, Scott filed this action against numerous individuals seeking damages and an injunction to enjoin them from allegedly depriving him of his constitutional rights. Federal defendants included FCC Commissioners and investigators. In January 1980 the district court granted the federal defendant’s motions for summary judgment and directed entry of a final judgment. We affirmed. Scott v. Rosenberg, 702 F.2d 1263 (9th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 1439, 79 L.Ed.2d 760 (1984). We held that although not every allegation of fraudulent solicitation would justify the government’s interference with the religious practices of churches, the allegations here permitted the FCC’s narrow and limited inquiry. Id. at 1275. The FCC’s investigation was premised on information sufficiently reliable to justify the limited intrusion. Id.

On March 10, 1983 shortly after our decision was rendered, Scott filed in this court a motion to vacate the judgment pursuant to Fed.R.Civ.P. 60(b). Scott argued that the federal defendants had perpetrated a fraud on the courts because the FCC’s investigation was commenced after receiving only one complaint that did not allege fraudulent practices. The motion was denied. Scott then filed a petition for rehearing and suggestion for rehearing en banc that again raised the issue of the sufficiency of information necessary to commence an investigation. That petition was denied. Scott filed a second motion for rehearing and for reconsideration of his motion to vacate. Again, we denied the motion.

On March 23, 1983 Scott filed his motion to vacate judgment in the district court. The motion was the same as that presented to this court except in reply to opposition to[*1466] the motion, Scott raised a new issue that the agency’s investigation was improperly based on complaints by Faith Center’s former attorney.

On April 6 Scott filed a “Motion to Entertain Motion to Vacate the Judgment,” in apparent response to the defendants’ arguments that the district court had no jurisdiction to rule on the motion while the case was on appeal. Scott argued that if the district court would grant the motion to entertain, Scott would then move this court for a remand order.

On May 2 the district court denied the motion to entertain and to vacate. On June 14 Scott moved for reconsideration. On July 6 the court denied Scott’s motion for reconsideration. Scott filed this notice of appeal on June 27 seeking review of the district court’s denial of “plaintiff’s motion to vacate judgment and plaintiff’s motion for reconsideration.”

DISCUSSION

A. District Court’s Jurisdiction

Our review of the district court’s exercise of jurisdiction is de novo. United States v. Hill, 719 F.2d 1402, 1404 (9th Cir.1983). We conclude for several reasons that the district court was without jurisdiction to consider Scott’s motions.

Rule 60(b) specifies that the court may vacate a judgment on the basis of fraud, misrepresentation, or other adverse conduct of an adverse party, but the motion must be made within one year of the judgment. Scott’s motion in the district court was made almost two years after the judgment was entered in favor of the federal defendants.

Scott argues that federal courts possess inherent power to review judgments obtained by fraud and that no time limitations apply. But on allegations of fraud similar to this case, we applied the one year limitation. Keys v. Dunbar, 405 F.2d 955, 957 (9th Cir.1969), cert. denied, 396 U.S. 880, 90 S.Ct. 158, 24 L.Ed.2d 138 (1969). See also Luttrell v. United States, 644 F.2d 1274, 1276 (9th Cir.1980) (limiting definition of “fraud on the court” for application of Rule 60(b) time provisions).

Even assuming that the motion was timely, the district court did hot have jurisdiction to decide the motion since the case was on appeal. “In this circuit, the rule has generally been stated that the filing of a notice of appeal divests the district court of jurisdiction to dispose of the motion after an appeal has been taken, without a remand from this court.” Long v. Bureau of Economic Analysis, 646 F.2d 1310, 1318 (9th Cir.), vacated on other grounds, 454 U.S. 934, 102 S.Ct. 468, 70 L.Ed.2d 242 (1981). See also Smith v. Lujan, 588 F.2d 1304, 1307 (9th Cir.1979) (applying rule). To seek Rule 60(b) relief, “the proper procedure is to ask the district court whether it wishes to entertain the motion, or to grant it, and then move this court, if appropriate, for remand of the case.” Long, 646 F.2d at 1318. Scott apparently was made aware of this procedure since he filed a second motion seeking the district court to “entertain” the motion. But, if the district court’s order is construed as a denial of Scott’s request to “entertain” the motion to vacate, that denial is interlocutory in nature and not appeal-able. Crateo, Inc. v. Intermark, Inc., 536 F.2d 862, 869 (9th Cir.), cert. denied, 429 U.S. 896, 97 S.Ct. 259, 50 L.Ed.2d 180 (1976); Canadian Ingersoll-Rand Co. v. Peterson Products of San Mateo, Inc., 350 F.2d 18, 27 (9th Cir.1965).

B. Appellate Jurisdiction

Scott’s notice of appeal was filed over 80 days after the district court’s denial of the motion to vacate. The time limitations of Fed.R.App.P. 4(a) are “mandatory and jurisdictional.” Browder v. Director, Illinois Department of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 561, 54 L.Ed.2d 521 (1978); Cel-A-Pak v. California Agr. Labor Relations Board, 680 F.2d 664, 666 (9th Cir.), cert. denied, 459 U.S. 1071, 103 S.Ct. 491, 74 L.Ed.2d 633-(1982). Failure to timely file a notice of appeal must result in dismissal for lack of appellate jurisdiction. E.g., Johnson v. Pulley, 685 F.2d 327, 327-28 (9th Cir.1982).

We view Scott’s motion for reconsideration as a motion to alter or amend the[*1467] judgment under Fed.R.Civ.P. 59(e). Bestran Corp. v. Eagle Comtronics, Inc., 720 F.2d 1019, 1019 (9th Cir.1983). A timely filed Rule 59(e) motion tolls the running of the .time limitations for filing the notice of appeal until the district court rules on the motion. E.g., Clipper Exxpress v. Rocky Mountain Motor Tariff Bureau, Inc., 690 F.2d 1240, 1247 (9th Cir.1982), cert. denied, 459 U.S. 1227, 103 S.Ct. 1234, 75 L.Ed.2d 468 (1983). But Scott’s motion for reconsideration was not filed within the 10 days specified in Rule 59(e). That time period is jurisdictional and cannot be extended by the court. Fed.R.Civ.P. 6(b); Glass v. Seaboard Coast Line Railroad Co., 714 F.2d 1107, 1109 (11th Cir.1983). The filing of an untimely motion will not toll the running of the appeal period. Cel-A-Pak, 680 F.2d at 666.

Our only possible jurisdiction is over the district court’s denial of Scott’s motion for reconsideration. Scott’s notice of appeal was timely filed as to that denial. The motion for reconsideration was not, however, timely filed within the 10 days specified in Rule 59(e) or even within the 30 day period permitted in Sleek v. J.C. Penney Co., 292 F.2d 256 (3d Cir.1961) (imposing 30 day limit on filing of motion for reconsideration of denial of Rule 60(b) relief). The district court did not have jurisdiction to rule on Scott’s motion for reconsideration. Browder, 434 U.S. at 263 n. 7, 98 S.Ct. at 560 n. 7; United States v. One Remington 12 Gauge Shotgun, 709 F.2d 1468, 1469 (11th Cir.1983). Accordingly, the district court properly denied Scott’s untimely motion. See Elias v. Ford Motor Co., 734 F.2d 463, 466 (1st Cir.1984) (Rule 59(e) motion denied for late filing).

C. Sanctions for Frivolous Appeal

This appeal is frivolous because the result is obvious and Scott’s arguments are wholly without merit. See Gattuso v. Pecorella, 733 F.2d 709, 710 (9th Cir.1984); Taylor v. Sentry Life Insurance Co., 729 F.2d 652, 656 (9th Cir.1984). We have discretion under Fed.R.App.P. 38 to award “just damages and single or double costs” if an appeal is determined to be frivolous. Sanctions may also include an award of attorneys fees. E.g., Taylor, 729 F.2d at 656; De Witt v. Western Pacific Railroad Co., 719 F.2d 1448, 1451 (9th Cir.1983).

The outcome of this case, even putting aside the jurisdictional deficiencies, was certain. We had already determined that there was “information sufficiently reliable” to justify the FCC’s inquiry. Scott, 702 F.2d at 1275. We entertained and rejected Scott’s arguments in his motion to vacate. We again rejected Scott’s fraud charges by denying his petition for rehearing and suggestion for rehearing en banc. A second petition for rehearing and a motion for reconsideration were also rejected. When issues are raised and disposed of in prior proceedings, the reassertion of those issues may give rise to a finding of frivolousness sufficient to support sanctions. A. V. Costantini v. CAB, 706 F.2d 1025, 1026 (9th Cir.1983).

Scott is assessed double costs and reasonable attorney fees payable to the government. Appellees will file their affidavits and supporting materials with the clerk within 21 days. The fees will be fixed by separate order. See Gattuso, 733 F.2d at 710.

AFFIRMED.