Aziz v. Board of Directors of the State College System of West Virginia

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-2110 ABDUL AZIZ, Plaintiff - Appellant, versus BOARD OF DIRECTORS OF THE STATE COLLEGE SYSTEM OF WEST VIRGINIA, Defendant - Appellee, and BLUEFIELD STATE COLLEGE, Defendant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, District Judge. (CA-96-2025-1) Submitted: December 15, 2000 Decided: January 12, 2001 Before LUTTIG, WILLIAMS, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Abdul Aziz, Appellant Pro Se. Kenneth Neil Hickox, Jr., Charles R. Bailey, BAILEY & WYANT, P.L.L.C., Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Abdul Aziz appeals the district court’s denial of a post- judgment motion Aziz filed pursuant to Fed. R. Civ. P. 60(b). The district court originally granted summary judgment to defendant in this action; this court affirmed that decision. Aziz v. Board of Directors of the State College Sys. of W. Va., No. 99-1502, 1999 WL 734763 (4th Cir. Sept. 21, 1999) (unpublished), cert. denied, 120 S. Ct. 1268 (2000). We review denial of a Rule 60(b) motion for abuse of discre- tion. Eberhardt v. Integrated Design & Constr., Inc., 167 F.3d 861, 869 (4th Cir. 1999). A Rule 60(b) motion is not a substitute for appeal. In re Burnley, 988 F.2d 1, 3 (4th Cir. 1992). Having reviewed the district court’s order denying the motion, we conclude that the court did not abuse its discretion in denying the re- quested relief. Therefore, we affirm the district court’s order. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2