Opinion

Best v. Department of the Treasury, Internal Revenue Service

Court
District Court, E.D. North Carolina
Filed
Oct 11, 2023
Cited by
0 cases
Authority
More cited than 24.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

No. 4:23-CV-87-D

TIMOTHY D. BEST, )

Plaintiff, .

v. ORDER

DEPARTMENT OF THE TREASURY,

and INTERNAL REVENUE SERVICE, _)

Defendants.

On October 2, 2023, Timothy D. Best (“Best” or “plaintiff”) moved to vacate the judgment

and grant him an extension of time to file objections to the August 10, 2023 Memorandum and

Recommendation. See [D.E. 9]. The court has reviewed the motion, the orders of the court, and the

record.

The court has considered Best’s motion for reconsideration under the governing standard.

See Fed. R. Civ. P. 59(e); Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. 2007); Bogart v. Chapell,

396 F.3d 548, 555 (4th Cir. 2005); Pac. Ins. Co. v. Am. Nat’! Fire Ins. Co., 148 F.3d 396, 403 (4th

Cir. 1998); Hughes v. Bedsole, 48 F.3d 1376, 1382 (4th Cir. 1995). The court denies the motion.

Best’s motion also fails to meet Rule 60(b)’s threshold requirements and is denied as

baseless. See Fed. R. Civ. P. 60(b); United States v. Williams, 56 F.4th 366, 370-73 (4th Cir. 2023);

Aikens v. Ingram, 652 F.3d 496, 500-01 & n.3 (4th Cir. 2011) (en banc); Robinson v. Wix Filtration

Corp. LLC, 599 F.3d 403, 412 n.12 (4th Cir. 2010); Nat’] Credit Union Admin. Bd. v. Gray, 1 F.3d

262, 264 (4th Cir. 1993).

Plaintiff's motion for reconsideration [D.E. 9] lacks merit and is DENIED. The case

remains closed.

SO ORDERED. This (| day of October, 2023.

Gh C. DEVER Il

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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