United States v. Samuel

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6289

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DARRELL W. SAMUEL,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CR-94-773, CA-97-3823)

Submitted: May 30, 2002 Decided: June 6, 2002

Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darrell W. Samuel, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Darrell W. Samuel appeals the district court’s denial of a

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

district court originally dismissed the action on its merits, and

we dismissed the appeal on the reasoning of the district court.

United States v. Samuel, No. 00-7067, 2001 WL 15316 (4th Cir.

Jan. 8, 2001) (unpublished), cert. denied, 122 S. Ct. 298 (2002).

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

discretion. United States v. Holland, 214 F.3d 523, 527 (4th Cir.

2000). Having reviewed the district court’s order denying the

motion, we conclude that the court did not abuse its discretion in

denying the requested relief. Therefore, we deny a certificate of

appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED