Lux v. Spotsylvania County ( 1997 )


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  • UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-1213 HERBERT WARREN LUX, JR.; PATSY JEAN LUX, Plaintiffs - Appellants, versus COUNTY OF SPOTSYLVANIA; SPOTSYLVANIA COUNTY BOARD OF SUPERVISORS, Ronnie B. Acors, Mary Lee Carter, Jean W. Jones, B. Jerry Marcus, Emmitt B. Marshal, Martha B. Mastin, James B. Smith, L. Kimbal Payne, III, David Calbo, Larry W. Davis and Michael B. O'Keefe; JOHN A. GIBNEY, JR.; SPOTSWOOD CONSTRUCTION LOANS, L.C.; KENNETH S. POTTER, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge. (CA-97-3) Submitted: May 1, 1997 Decided: May 8, 1997 Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Herbert Warren Lux, Jr., Patsy Jean Lux, Appellants Pro Se. Robert A. Dybing, SHUFORD, RUBIN & GIBNEY, Richmond, Virginia; James Joseph Burns, WILLIAMS, MULLEN, CHRISTIAN & DOBBINS, Richmond, Virginia, for Appellees. 2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellants appeal from the district court's order denying their motion for leave to proceed in forma pauperis in their Fed. R. Civ. P. 60(b) action seeking to set aside on the basis of fraud two district court orders. We have reviewed the record and the dis- trict court's opinion and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal on the reasoning of the district court. Lux v. Spotsylvania County, No. CA-97-3 (E.D. Va. Feb. 11, 1997). Appellants' motion to expe- dite is now moot and is dismissed for that reason. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3

Document Info

Docket Number: 97-1213

Filed Date: 5/8/1997

Precedential Status: Non-Precedential

Modified Date: 10/30/2014