Gerald Peter Morey, Plaintiff-appellant, v. U.S. Immigration & Naturalization Service, Defendant-appellee, 888 F.2d 1386 (4th Cir. 1989)

Gerald Morey appeals from the district court's order denying his petition for naturalization. Our review of the record discloses that Morey's claims of denial of his right to be heard, Denman v. Shubow, 413 F.2d 258 (1st Cir. 1969); Ken-Mar Airpark, Inc. v. Toth Aircraft and Accessories Co., 12 F.R.D. 399 (W.D. Mo. 1952), and fraud or mistake in the judgment, A.F. Dormeyer Co. v. M.J. Sales and Distrib. Co., 461 F.2d 40 (7th Cir. 1972), Rohauer v. Friedman, 306 F.2d 933 (9th Cir. 1962), are most appropriately heard in the district court. Accordingly, while we affirm on the reasoning of the district court, Morey v. Immigration & Naturalization Service, C/A No. 88-3474 (D.S.C. Dec. 28, 1988), we do so without prejudice to Morey's ability to file a Fed. R. Civ. P. 60(b) motion in the district court. Weisman v. Charles E. Smith Management, Inc., 829 F.2d 511, 513 (4th Cir. 1987). 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.