Marie Faltas v. Larry McCants, No. 22-1068 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1068 MARIE FALTAS, M.D., M.P.H., on behalf of herself and classes she represents, Plaintiff - Appellant, v. LARRY MCCANTS, in his official capacity, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:92-cv-02786-JFA) Submitted: November 21, 2022 Decided: December 8, 2022 Before NIEMEYER, RUSHING, and HEYTENS, Circuit Judges. Affirmed by unpublished per curiam opinion. Marie Therese Assa’ad-Faltas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marie Therese Assa’ad-Faltas appeals the district court’s text order denying her renewed Fed. R. Civ. P. 60(b) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. See Assa’ad-Faltas v. McCants, No. 3:92-cv-02786-JFA (D.S.C. Jan. 5, 2022); see also Dowell v. State Farm Fire & Cas. Auto. Ins. Co., 993 F.2d 46, 48 (4th Cir. 1993) (recognizing that a Rule 60(b) movant must make a threshold showing of “timeliness, a meritorious defense, a lack of unfair prejudice to the opposing party, and exceptional circumstances” (internal quotation marks omitted)); McLawhorn v. John W. Daniel & Co., 924 F.2d 535, 538 (4th Cir. 1991) (“[A] Rule 60(b) motion is not timely brought when it is made three to four months after the original judgment and no valid reason is given for the delay.”). We deny all pending motions. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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