The following excerpt is from Myles v. Coleman, 977 F.2d 590 (9th Cir. 1992):
1 Under Rule 60(b), a court "may relieve a party ... from a final ... order for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence...." Myles's motion for reconsideration probably followed a final order. Lynch v. City of Alhambra, 880 F.2d 1122, 1124 (9th Cir.1989) ("Because [the plaintiff] failed to cure the deficiency perceived by the district court within the period provided by the district court, the dismissal was converted to a final order of dismissal with prejudice, appealable under 28 U.S.C. 1291.") However, the language in Lynch is ambiguous. It seems in Lynch the district court may have entered an appealable final order dismissing the case with prejudice. In this case, after the deadline for filing an amended complaint passed, the district court did not enter a final order of dismissal.
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