Williams v. Griffin , 98 F. App'x 947 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6282
STANLEY LORENZO WILLIAMS,
Plaintiff - Appellant,
versus
D. W. GRIFFIN; CABARRUS COUNTY SHERIFF
DEPARTMENT; W. ERWIN SPAINHOUR,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CA-03-218-1)
Submitted: May 27, 2004 Decided: June 3, 2004
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stanley Lorenzo Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Stanley Lorenzo Williams appeals the district court’s
order denying his motion for reconsideration of the court’s order
dismissing his 42 U.S.C. § 1983 (2000) complaint as frivolous under
28 U.S.C. § 1915(e) (2000). This court will not disturb a district
court’s denial of a Fed. R. Civ. P. 60(b) motion absent an abuse of
discretion. Eberhardt v. Integrated Design & Constr., Inc., 167
F.3d 861, 869 (4th Cir. 1999) (citing CNF Constructors, Inc. v.
Donohoe Constr. Co., 57 F.3d 395, 401 (4th Cir. 1995)). A Rule
60(b) motion is extraordinary and the party seeking relief under
the Rule must show “timeliness, a meritorious defense, a lack of
unfair prejudice to the opposing party, and exceptional
circumstances.” Dowell v. State Farm Fire & Cas. Auto. Ins. Co.,
993 F.2d 46, 48 (4th Cir. 1993) (citation omitted). “In ruling on
an appeal from a denial of a Rule 60(b) motion, this Court may not
review the merits of the underlying order; it may only review the
denial of the motion with respect to the grounds set forth in Rule
60(b).” In re Burnley, 988 F.2d 1, 3 (4th Cir. 1992). We find
that Williams established no grounds justifying Rule 60(b) relief.
Accordingly, we affirm. 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.
AFFIRMED
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