Marie Faltas v. Larry McCants

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 8, 2022
• Docket: 22-1068
• Status: Unpublished

Opinion

USCA4 Appeal: 22-1068 Doc: 24 Filed: 12/08/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1068

MARIE FALTAS, M.D., M.P.H., on behalf of herself and classes she represents,

Plaintiff - Appellant,

v.

LARRY MCCANTS, in his official capacity,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:92-cv-02786-JFA)

Submitted: November 21, 2022 Decided: December 8, 2022

Before NIEMEYER, RUSHING, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marie Therese Assa’ad-Faltas, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1068 Doc: 24 Filed: 12/08/2022 Pg: 2 of 2

PER CURIAM:

Marie Therese Assa’ad-Faltas appeals the district court’s text order denying her

renewed Fed. R. Civ. P. 60(b) motion. We have reviewed the record and find no reversible

error. Accordingly, we affirm the district court’s order. See Assa’ad-Faltas v. McCants,

No. 3:92-cv-02786-JFA (D.S.C. Jan. 5, 2022); see also Dowell v. State Farm Fire & Cas.

Auto. Ins. Co., 993 F.2d 46, 48 (4th Cir. 1993) (recognizing that a Rule 60(b) movant must

make a threshold showing of “timeliness, a meritorious defense, a lack of unfair prejudice

to the opposing party, and exceptional circumstances” (internal quotation marks omitted));

McLawhorn v. John W. Daniel & Co., 924 F.2d 535, 538 (4th Cir. 1991) (“[A] Rule 60(b)

motion is not timely brought when it is made three to four months after the original

judgment and no valid reason is given for the delay.”). We deny all pending motions. 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.

AFFIRMED