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14 F. App'x 264

Aziz v. Orbital Sciences Corp.

U.S. Courts of Appeals

Decided July 31, 2001

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U.S. Courts of Appeals · decided 2001-07-31

Relies on Eberhardt v. Integrated Design & Construction, Inc.

Decided 2001-07-31

PER CURIAM.

¶1 Abdul Aziz appeals the district court’s denial of a post judgment motion filed pursuant to Fed.R.Civ.P. 60(b). The district court originally dismissed the action as untimely filed, and this court affirmed. Aziz v. Orbital Sciences Corp., No. 98- *265 1281, 1998 WL 736469 (4th Cir. Oct.19, 1998) (unpublished).

¶2 We review denial of a Rule 60(b) motion for abuse of discretion. Eberhardt v. Integrated Design & Constr., Inc., 167 F.3d 861, 869 (4th Cir.1999). Having reviewed the district court’s order denying the motion, we conclude that the court did not abuse its discretion in denying the requested relief. Therefore, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶3 DISMISSED.

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