David Babb v. Drug Enforcement Administratio, No. 08-1844 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1844 DAVID BABB, Plaintiff Appellant, v. DRUG ENFORCEMENT ADMINISTRATION, Defendant Appellee, and WILLIAM LUNSFORD, Seizing DEA Agent, Defendant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:97-cv-01553-HMH) Submitted: December 12, 2008 Decided: December 31, 2008 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David Babb, Appellant Pro Se. Marvin Jennings Caughman, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: David Anthony Babb appeals from the district court s oral order in this civil forfeiture case denying his motion to void its earlier judgment under Fed. R. Civ. P. 60(b)(4). We have reviewed the record and the arguments of the parties and find no reversible error. See Schwartz v. United States, 976 F.2d 213, 217 (4th Cir. 1992) (providing standard in Rule 60(b)(4) action). oral argument adequately Accordingly, we affirm. because presented in the the facts and materials We dispense with legal before contentions the court are and argument would not aid the decisional process. AFFIRMED 3

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