Thurman Lilly v. Harvey Knox

Filing 920090225


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6822 THURMAN VAN LILLY, Plaintiff - Appellant, v. HARVEY KNOX; JOHN ALLEN; TRACY LEWIS; LANE CRIBB; MATTHEW J. MODICA; LINDA CANTEEN; TARA S. TAGGART, Defendants Appellees, and ISAAC PYATT, Defendant. Appeal from the United States District Court for the District of South Carolina, at Charleston. Joseph F. Anderson, Jr., District Judge. (2:06-cv-01138-JFA) Submitted: February 3, 2009 Decided: February 25, 2009 Before MOTZ, KING, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thurman Van Lilly, Appellant Pro Se. Jerome Scott Kozacki, WILLCOX, BUYCK & WILLIAMS, P.A., Florence, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Thurman Van Lilly appeals the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court's order dismissing his 42 U.S.C. 1983 (2000) complaint. * reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated Lilly v. Knox, No. 2:06-cv-01138-JFA We dispense with oral argument because by the district court. (D.S.C. Apr. 23, 2008). the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED Although Lilly's notice of appeal refers to the district court's original judgment, the order denying his Fed. R. Civ. P. 59(e) motion, and the order denying his Fed. R. Civ. P. 60(b) motion, it is timely only as to the denial of Rule 60(b) relief. See Fed. R. App. P. 4(a)(1). * 2

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