UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1017
BRENDA Y. WILLS,
Plaintiff - Appellant,
versus
WAL-MART STORES, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA-
02-2225-PJM)
Submitted: October 1, 2004 Decided: November 24, 2004
Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Reuben Collins, LaPlata, Maryland, for Appellant. Christopher R.
Dunn, DECARO, DORAN, SICILIANO, GALLAGHER & DEBLASIS, LLP, Lanham,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Brenda Y. Wills appeals from the district court’s order in
this action alleging that Wills sustained personal injuries as a
result of Wal-Mart’s negligence. We affirm.
Subsequent to the filing of the complaint, Wills’ attorney
sought, and was granted, permission to withdraw from representation
of Wills. A number of continuances were granted by the district
judge to allow time for Wills to retain other counsel, but no one
was ever hired. The district judge finally advised Wills of the
need for the court to move forward on the summary judgment motion
that had been filed by Wal-Mart. Wills was specifically warned
that a failure to respond would result in summary judgment being
entered against her. No response of any kind was ever forthcoming
from Wills. The district court then granted Wal-Mart’s motion for
summary judgment on September 23, 2003.
Later, when counsel had been retained, Wills moved to vacate
the grant of summary judgment pursuant to Federal Rule of Civil
Procedure 59(e). This motion was denied by the district court on
October 30, 2003. A pro se notice of appeal was filed on
November 26, 2003, seeking reversal of the October 30, 2003 order.
We have reviewed this matter and find the appeal without
merit. We accordingly affirm. We dispense with oral argument
because the facts and legal contentions are adequately presented in
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the materials before us and argument would not aid the decisional
process.
AFFIRMED
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