Opinion

Aziz v. Board of Directors of the State College System of West Virginia

  • 1 F. App'x 219
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 12, 2001
Status
Unpublished
On the bench
Luttig, Williams, King
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-2110

ABDUL AZIZ,

Plaintiff - Appellant,

versus

BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM

OF WEST VIRGINIA,

Defendant - Appellee,

and

BLUEFIELD STATE COLLEGE,

Defendant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Bluefield. David A. Faber, District

Judge. (CA-96-2025-1)

Submitted: December 15, 2000 Decided: January 12, 2001

Before LUTTIG, WILLIAMS, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Abdul Aziz, Appellant Pro Se. Kenneth Neil Hickox, Jr., Charles R.

Bailey, BAILEY & WYANT, P.L.L.C., Charleston, West Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Abdul Aziz appeals the district court’s denial of a post-

judgment motion Aziz filed pursuant to Fed. R. Civ. P. 60(b). The

district court originally granted summary judgment to defendant in

this action; this court affirmed that decision. Aziz v. Board of

Directors of the State College Sys. of W. Va., No. 99-1502, 1999 WL

734763 (4th Cir. Sept. 21, 1999) (unpublished), cert. denied, 120

S. Ct. 1268 (2000).

We review denial of a Rule 60(b) motion for abuse of discre-

tion. Eberhardt v. Integrated Design & Constr., Inc., 167 F.3d

861, 869 (4th Cir. 1999). A Rule 60(b) motion is not a substitute

for appeal. In re Burnley, 988 F.2d 1, 3 (4th Cir. 1992). Having

reviewed the district court’s order denying the motion, we conclude

that the court did not abuse its discretion in denying the re-

quested relief. Therefore, we affirm the district court’s order.

We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court

and argument would not aid the decisional process.

AFFIRMED

2

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