UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 14-2305

DEBORAH A. HYATT,

Plaintiff – Appellant,

v.

PRUDENTIAL INSURANCE CO. OF AMERICA; THERMO FISHER SCIENTIFIC, INC. HEALTH & WELFARE PLAN; THERMO FISHER SCIENTIFIC, INC.,

Defendants – Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, District Judge. (1:14-cv-00035-MR)

Submitted: January 22, 2016 Decided: February 17, 2016

Before WILKINSON, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Walter E. Daniels III, DANIELS LAW FIRM, PC, Asheville, North Carolina, for Appellant. Ian H. Morrison, SEYFARTH SHAW LLP, Chicago, Illinois, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Deborah A. Hyatt appeals the district court’s order

dismissing, under Fed. R. Civ. P. 12(b)(6), her civil action

seeking relief pursuant to the Employee Retirement Income

Security Act of 1974 (“ERISA”), as amended. On appeal, Hyatt

raises two issues: (1) whether her complaint was timely filed

according to the plain language of the ERISA plan; and (2)

whether an ambiguity existed in the ERISA plan language that

rendered the granting of Prudential’s motion to dismiss

erroneous. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. Hyatt v. Prudential Ins. Co. of Am., No. 1:14-

cv-00035-MR (W.D.N.C. Oct. 31, 2014). 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

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