Stanley Winston v. Charlene Grice

Filing 920091202

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6187 STANLEY EARL WINSTON, Plaintiff - Appellant, v. CHARLENE GRICE, Defendant - Appellee, and MEDICAL UNIVERSITY OF SOUTH CAROLINA; PRESIDENT OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA; DEAN OF THE ARTS AND SCIENCES DEPARTMENT; CHAIRMAN OF THE BIOLOGY DEPARTMENT; CEO OF THE MEDICAL DIVISION AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AT CHARLESTON, Defendants. Appeal from the United States District Court for the District of South Carolina, at Columbia. Terry L. Wooten, District Judge. (3:06-cv-03567-TLW) Submitted: November 19, 2009 Decided: December 2, 2009 Before MOTZ, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Stanley Earl Winston, Appellant Pro Se. Robin Lilley Jackson, Stephanie Pendarvis McDonald, Sandra Jane Senn, SENN, MCDONALD & LEINBACK, LLC, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Stanley Earl Winston appeals from the district court's order denying relief on his Fed. R. Civ. P. 60(b)(3) motion to reconsider the court's previous denial of his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find that Winston has failed to establish the narrow grounds needed for relief under Rule 60(b)(3). Great Coastal Express, Inc. v. International Bhd. of Teamsters, 675 F.2d 1349, 1356 (4th Cir. 1982). Accordingly, we deny Winston's emergency motion for motion for appointment of counsel and affirm. oral argument because in the the facts and legal before We dispense with contentions the court are and adequately presented materials argument would not aid the decisional process. AFFIRMED 3

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