Cindy Hunt v. Branch Banking & Trust Company

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:09-cv-02151-JMC Copies to all parties and the district court/agency. [998855392]. Mailed to: Cindy B. Hunt. [11-2388]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2388

CINDY B. HUNT,
Plaintiff - Appellant,
v.
BRANCH BANKING & TRUST COMPANY; DANNY FOGLE; CATHY LAMBERT;
JUDY TEAL; KACI SANSBERRY; MARK BOOZ; DAVID CRAVEN,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
J. Michelle Childs, District
Judge. (4:09-cv-02151-JMC)

Submitted:

April 24, 2012

Before WYNN and
Circuit Judge.

DIAZ,

Circuit

Decided:

Judges,

and

May 16, 2012

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Cindy B. Hunt, Appellant Pro Se.
South Carolina, for Appellees.

Steven Barry Licata, Columbia,

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Cindy B. Hunt filed suit against the Branch Banking &
Trust Company (“Bank”) and individual Bank employees, alleging
false entry in a bank statement under 18 U.S.C. § 1005 (2002),
computer fraud under 18 U.S.C. § 1030 (2008), and violation of
privacy under 15 U.S.C. §§ 6801-6809 (2010), as well as numerous
state law claims.

The district court granted Defendants’ motion

to dismiss Hunt’s Second Amended Complaint, and denied Hunt’s
subsequent
appeals.
error.

motion

to

alter

or

amend

its

judgment.

Hunt

now

We have reviewed the record and find no reversible
Accordingly, we affirm.
Hunt first challenges the district court’s denial of

her motion to alter or amend its judgment.

We review the denial

of a Fed. R. Civ. P. 59 motion to alter or amend a judgment for
abuse of discretion.

Sloas v. CSX Transp., Inc., 616 F.3d 380,

388 (4th Cir. 2010).

The district court “necessarily abuses its

discretion when it makes an error of law.”

Id.

v. Johnson, 565 F.3d 140, 160 (4th Cir. 2009)).
three

grounds

for

amending

an

earlier

(citing Wolfe
“[T]here are

judgment:

(1)

to

accommodate an intervening change in controlling law; (2) to
account

for

new

evidence

not

available

at

trial;

or

(3)

to

correct a clear error of law or prevent manifest injustice.”
Pacific Ins. Co. v. Am. Nat’l Fire Ins. Co., 148 F.3d 396, 403
(4th Cir. 1998) (citation omitted).
2

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On

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appeal,

Hunt

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fails

to

highlight

a

change

in

controlling law, present new evidence, or identify a clear error
of law.

Although Hunt contends that the district court erred in

failing to analyze her Rule 59(e) motion under Fed. R. Civ. P.
60(b) or Fed. R. Civ. P. 60(d)(3) based upon excusable neglect
and fraud on the court, we find that Hunt would not have been
entitled to relief under Rule 60(b) or 60(d).

Accordingly, the

district court did not abuse its discretion in denying Hunt’s
motion to alter or amend judgment.
Hunt next asserts that the district court erroneously
declined to exercise supplemental jurisdiction over Hunt’s state
law claim for violation of privacy under S.C. Code Ann. §§ 3720-110
which

to
it

37-20-200
had

(2008)

original

after

dismissing

jurisdiction.

We

all

review

claims
a

over

district

court’s decision declining to exercise supplemental jurisdiction
over

state

law

claims

for

abuse

of

discretion.

Jordahl

v.

Democratic Party of Va., 122 F.3d 192, 203 (4th Cir. 1997); see
also

Shanaghan

v.

Cahill,

58

F.3d

106,

110

(4th

Cir.

1995)

(“[T]rial courts enjoy wide latitude in determining whether or
not to retain jurisdiction over state claims when federal claims
have been extinguished.”).
jurisdiction

over

a

civil

If a district court has original
action,

it

shall

also

have

supplemental jurisdiction over all other claims that form part
of the same case or controversy.
3

28 U.S.C. § 1367(a) (2000).

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However, the district court may decline to exercise supplemental
jurisdiction over a claim if the court has dismissed all claims
over

which

it

had

original

jurisdiction.

28

U.S.C.

§ 1367(c)(3).
In the interest of avoiding “[n]eedless decisions of
state law,” the Supreme Court has stated that, when “federal
claims are dismissed before trial . . . state claims should be
dismissed as well.”

United Mine Workers of Am. v. Gibbs, 383

U.S. 715, 726 (1966).

Accordingly, we find that the district

court did not abuse its considerable discretion in declining to
exercise supplemental jurisdiction over Hunt’s state law claim
for violation of privacy.
Hunt also challenges the district court’s denial of
her Fed. R. Civ. P. 56(h) motions for sanctions.

We review the

denial of a motion for sanctions for an abuse of discretion.
Miltier v. Beorn, 896 F.2d 848, 855 (4th Cir. 1990).
Hunt

fails

conclusory

to

present

statement

factual

that

the

allegations
district

discretion in declining to impose sanctions.

On appeal,

to

support

her

court

abused

its

We therefore find

that the district court did not abuse its discretion in denying
Hunt’s motions for sanctions.
Based on the foregoing, we affirm the judgment of the
district
facts

court.

and

legal

We

dispense

contentions

with
are
4

oral

argument

adequately

because

presented

in

the
the

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materials

before

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the

court

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and

argument

would

not

aid

the

decisional process.
AFFIRMED

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