noting review standard for Fed. R. Civ. P. 60(b) denial
How later courts described this case
- noting review standard for Fed. R. Civ. P. 60(b) denial
Written by the judges who cited it.
The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1212
CALVIN EARL BROWN,
Plaintiff - Appellant,
v.
SEARS HOLDING MANAGEMENT CORPORATION, d/b/a Kmart
Corporation #7080; THOMAS M. COLCLOUGH, Director US EEOC,
Raleigh Area Office; STEVE DOOLEY; RAJENONAKYMAR PATEL;
JAYESH PATEL,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Dever, III,
Chief District Judge. (4:14-cv-00033-D)
Submitted: May 18, 2016 Decided: May 20, 2016
Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Calvin Earl Brown, Appellant Pro Se. Paul S. Holscher, JACKSON
LEWIS PC, Raleigh, North Carolina, David A. Hughes, JACKSON
LEWIS PC, Atlanta, Georgia; Roberto Francisco Ramirez, Assistant
United States Attorney, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Earl Brown appeals the district court’s order
denying his second motion to reconsider the court’s earlier
order denying his civil action alleging employment
discrimination. We have reviewed the record and find no abuse
of discretion by the district court. See Werner v. Carbo, 731
F.2d 204, 206 (4th Cir. 1984) (noting review standard for Fed.
R. Civ. P. 60(b) denial). * Accordingly, we deny leave to proceed
in forma pauperis and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
* Because Brown’s motion to reconsider was filed greater
than 28 days after the district court’s order dismissing his
civil action, the district court’s review was under Fed. R. Civ.
P. 60(b). See Fed. R. Civ. P. 59(e).
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