U.S. Court of Appeals for the Fourth Circuit, 2013

Esperanza Guerrero v. Charlie Deane

Esperanza Guerrero v. Charlie Deane
U.S. Court of Appeals for the Fourth Circuit · Decided December 19, 2013 · King, Gregory, Wynn
548 F. App'x 86

Esperanza Guerrero v. Charlie Deane

Opinion

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Esperanza Guerrero appeals the district court’s June 20, 2013 order denying multiple post-judgment motions and its July 17, 2013 order denying her subsequent motion for reconsideration. * On review of the record, we conclude that the district court did not err in denying Guerrero’s untimely motion for judgment as a matter of law, Fed.R.Civ.P. 50(b); see also Fed.R.Civ.P. 6(b) (“A court may not extend the time to act under Rule 50(b)-”). Further, the district court did not abuse its discretion in denying relief pursuant to either Fed. R.Civ.P. 59(e) or Fed.R.Civ.P. 60(b). See Robinson v. Wix Filtration Corp., 599 F.3d 403, 407 (4th Cir. 2010) (standard of review for Rule 59(e)); MLC Auto., 532 F.3d at 277 (standard of review for Rule 60(b)). Accordingly, although we grant leave to proceed in forma pauperis, we affirm the orders in question. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

*

Guerrero's motion for reconsideration, filed within twenty-eight days of the district court order denying multiple post-judgment motions, tolls the time to appeal. Fed. R.App. P. 4(a)(4)(A)(vi). Thus, Guerrero’s notice of appeal, filed within thirty days of the denial of her motion for reconsideration, was timely as to both the July 17, 2013 order denying the motion for reconsideration and the June 20, 2013 order. Id.; MLC Auto., LLC v. Town of S. Pines, 532 F.3d 269, 278-79 (4th Cir. 2008).

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