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  • United States v. Marcelo Moriz-Henriquez, 74 F.3d 1234, 4th Cir. (1996)

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    Marcelo Moriz-Henriquez appealed the district court's denial of his post-judgment motion to enlarge the time to file additional pleadings in his 28 U.S.C. § 2255 action. The Fourth Circuit affirmed the district court's ruling, finding no reversible error and no exceptional circumstances warranting post-judgment relief under Fed.R.Civ.P. 60(b). The Fourth Circuit dispensed with oral argument, as the facts and legal issues were adequately presented in the case materials.

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    Filed: 1996-01-24 Precedential Status: Precedential Citations: 74 F.3d 1234 Docket: 95-7466

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    Marcelo Moriz-Henriquez appealed the district court's denial of his post-judgment motion to enlarge the time to file additional pleadings in his 28 U.S.C. § 2255 action. The Fourth Circuit affirmed the district court's ruling, finding no reversible error and no exceptional circumstances warranting post-judgment relief under Fed.R.Civ.P. 60(b). The Fourth Circuit dispensed with oral argument, as the facts and legal issues were adequately presented in the case materials.

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    United States v. Marcelo Moriz-Henriquez, 74 F.3d 1234, 4th Cir. (1996)

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    Marcelo Moriz-Henriquez appealed the district court's denial of his post-judgment motion to enlarge the time to file additional pleadings in his 28 U.S.C. § 2255 action. The Fourth Circuit affirmed the district court's ruling, finding no reversible error and no exceptional circumstances warranting post-judgment relief under Fed.R.Civ.P. 60(b). The Fourth Circuit dispensed with oral argument, as the facts and legal issues were adequately presented in the case materials.

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    of 1

    74 F.

    3d 1234
    NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    UNITED STATES of America, Plaintiff-Appellee,


    v.
    Marcelo MORIZ-HENRIQUEZ, Defendant-Appellant.
    No. 95-7466.

    United States Court of Appeals,


    Fourth Circuit.
    Jan. 24, 1996.
    Marcelo Moriz-Henriquez, Appellant Pro Se. Lawrence Joseph Leiser,
    Assistant United States Attorney, Alexandria, Virginia, for Appellee.
    Before RUSSELL, HALL and WILKINSON, Circuit Judges.
    PER CURIAM:

    Appellant appeals from the district court's order denying his post-judgment
    motion for enlargement of time to file additional pleadings in his 28 U.S.C. Sec.
    2255 (1988) action. We have reviewed the record and the district court's
    opinion and find no reversible error. The motion, which essentially sought
    reconsideration under Fed.R.Civ.P. 60(b), presented no exceptional
    circumstances warranting relief. See Dowell v. State Fire & Cas. Auto Ins. Co.,
    993 F.2d 46, 48 (4th Cir.1993). Accordingly, we affirm on the reasoning of the
    district court. United States v. Moriz-Henriquez, Nos. CR-93-92-A; CA-95401-AM (E.D.Va. Aug. 25, 1995). 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.
    AFFIRMED

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