UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-2655
MAYNER J. POPE,
Plaintiff - Appellant,
versus
BOARD OF SCHOOL COMMISSIONERS FOR BALTIMORE
CITY; JULIUS CHERRY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Alexander Harvey II, Senior District
Judge. (CA-93-4119-H)
Submitted: July 2, 1998 Decided: July 16, 1998
Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Mayner J. Pope, Appellant Pro Se. Laurice Deanne Royal, Joanne
Evans-Anderson, OFFICE OF THE CITY SOLICITOR, Baltimore, Maryland,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mayner J. Pope appeals an order of the district court denying
her motion for reconsideration pursuant to Fed. R. Civ. P.
60(b)(5), (6). Pope asked the district court to reopen a judgment
entered against her in December 1994, which she did not appeal. We
affirm the district court’s order.
A party seeking relief under Rule 60(b) must show timeliness,
a valid defense, lack of unfair prejudice to the other parties, and
exceptional circumstances. Once she has established these elements,
the party must then establish one of the six parts of 60(b). Dowell
v. State Farm Fire & Cas. Auto. Ins. Co., 993 F.2d 46, 48 (4th Cir.
1993). We review the district court’s decision for abuse of discre-
tion. National Org. for Women v. Operation Rescue, 47 F.3d 667, 669
(4th Cir. 1995). Delay in bringing the motion and failure to appeal
the original judgment are appropriate factors for the district
court to consider. Id. We conclude that the district court’s denial
of the motion is not an abuse of discretion. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and oral argument would
not aid the decisional process.
AFFIRMED
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