UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1844

DAVID BABB,

Plaintiff – Appellant,

v.

DRUG ENFORCEMENT ADMINISTRATION,

Defendant – Appellee,

and

WILLIAM LUNSFORD, Seizing DEA Agent,

Defendant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:97-cv-01553-HMH)

Submitted: December 12, 2008 Decided: December 31, 2008

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

David Babb, Appellant Pro Se. Marvin Jennings Caughman, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

David Anthony Babb appeals from the district court’s

oral order in this civil forfeiture case denying his motion to

void its earlier judgment under Fed. R. Civ. P. 60(b)(4). We

have reviewed the record and the arguments of the parties and

find no reversible error. See Schwartz v. United States,

(4th Cir. 1992) (providing standard in Rule

60(b)(4) action). 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

3