US v. Norman Dai, No. 10-6612 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6612 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. NORMAN TYRONE DAIS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:03-cv-00386-TLW-1) Submitted: July 22, 2010 Decided: August 3, 2010 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Norman Tyrone Dais, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Norman Tyrone Dais appeals the district court s order denying his Fed. R. Civ. P. 60(b)(3) motion based on allegations of fraud, misrepresentation and misconduct. We have reviewed the record and find Dais did not establish misconduct by clear and convincing evidence presenting his case. (4th Cir. 1994). or show legal before he was prevented from See Schultz v. Butcher, 24 F.3d 626, 630 Accordingly, we find the court did not abuse its discretion denying the motion. order. that Id. We affirm the court s We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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