Traft v. American Threshold ( 1998 )


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  •                                UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 98-1695
    MAUREEN A. TRAFT,
    Plaintiff - Appellant,
    versus
    AMERICAN THRESHOLD INDUSTRIES, INCORPORATED,
    Defendant - Appellee.
    Appeal from the United States District Court for the Western Dis-
    trict of North Carolina, at Asheville. Lacy H. Thornburg, District
    Judge. (CA-97-162-1-T)
    Submitted:   October 8, 1998                 Decided:   October 22, 1998
    Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Maureen A. Traft, Appellant Pro Se. Grant Beecher Osborne, MCGUIRE,
    WOOD & BISSETTE, P.A., Asheville, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Maureen A. Traft appeals from the district court's order deny-
    ing her motion for reconsideration filed pursuant to Fed. R. Civ.
    P. 59(e). Our review of the record discloses that this appeal is
    without merit. Traft’s motion for reconsideration does not demon-
    strate that her action was improperly dismissed. We therefore find
    that the district court’s denial of her Rule 59(e) motion was not
    an abuse of discretion,* and affirm the district court’s order on
    the reasoning of the district court. Traft v. American Threshold
    Indus., Inc., No. CA-97-162-1-T (W.D.N.C. Apr. 7, 1998). To the
    extent Traft raises issues in her informal brief not previously
    raised in the district court, including her attempt to raise claims
    relating to documents not part of the district court’s record, we
    decline to consider such claims or documents on appeal. We deny
    Traft’s motion to vacate this court’s order allowing the Appellee
    leave to supplement its informal brief and deny as moot Traft’s
    petition for order of lis pendens. 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 deci-
    sional process.
    AFFIRMED
    *
    See United States v. Williams, 
    674 F.2d 310
    , 312 (4th Cir.
    1982).
    2
    

Document Info

Docket Number: 98-1695

Filed Date: 10/22/1998

Precedential Status: Non-Precedential

Modified Date: 10/30/2014