Charmaine Anderson v. Gregory Jacko, No. 11-2428 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-2428 CHARMAINE L. ANDERSON, Plaintiff Appellant, v. GREGORY JACKO, Commission, Commissioner, U.S. Nuclear Regulatory Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. J. Frederick Motz, Senior District Judge. (8:11-cv-01370-JFM) Submitted: May 31, 2012 Decided: September 28, 2012 Before KING, DUNCAN, and DIAZ, Circuit Judges. Remanded by unpublished per curiam opinion. Charmaine L. Anderson, Appellant Pro Se. Joseph Ronald Baldwin, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Charmaine L. Anderson appeals from the district court s orders dismissing her complaint and denying her Motion to Not Dismiss as moot since it was filed after judgment was entered in the case. that Anderson s After reviewing the record, we conclude Motion to Not Dismiss should have been liberally construed as a Fed. R. Civ. P. 59(e) motion to alter or amend. Anderson s Accordingly, Rule 59(e) we motion, remand so for reconsideration construed. On remand, of the district court may evaluate whether Anderson s July 28, 2006 letter, submitted within an attachment to her Motion, justifies setting aside the underlying dismissal order insofar as it alleges that her supervisor s secretary would sabotage her work and that of several other Black secretaries. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. REMANDED 2

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