Gertrude Coretta Fennell Hamilton v. Dayco Products, LLC; Mark Iv Industries

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1999
GERTRUDE CORETTA FENNELL HAMILTON,
Plaintiff - Appellant,
v.
DAYCO PRODUCTS, LLC; MARK IV INDUSTRIES,
Defendants – Appellees,
and
LIBERTY MUTUAL INSURANCE COMPANY,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, Senior
District Judge. (2:07-cv-02782-PMD)
Submitted: February 18, 2010 Decided: February 23, 2010
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Affirmed in part; dismissed in part by unpublished per curiam
opinion.
Gertrude Coretta Fennell Hamilton, Appellant Pro Se. Susanna
Hancock Murray, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC,
Charleston, South Carolina, for Appellee.

-- 1 of 3 --

2
Unpublished opinions are not binding precedent in this circuit.

-- 2 of 3 --

3
PER CURIAM:
Gertrude Coretta Fennell Hamilton appeals from the
district court’s adverse grant of summary judgment in her
employment discrimination action, and its denial of her motion
for reconsideration. As a preliminary matter, Hamilton’s appeal
is timely only as to the denial of her motion for
reconsideration, which motion properly is construed pursuant to
Fed. R. Civ. P. 60(b). See Fed. R. App. P. 4(a)(4)(A); see
generally Dove v. CODESCO, 569 F.2d 807, 809 (4th Cir. 1978).
As to the district court’s denial of that motion, we find no
abuse of discretion. See MLC Automotive, LLC v. Town of S.
Pines, 532 F.3d 269, 277 (4th Cir. 2008) (standard of review).
Accordingly, we affirm the district court’s denial of
Hamilton’s motion for reconsideration, and dismiss for lack of
jurisdiction Hamilton’s appeal from the underlying judgment. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED IN PART;
DISMISSED IN PART

-- 3 of 3 --