Charmaine L. Anderson v. GREGORY JACKO, Commissioner, U.S. Nuclear Regulatory Commission

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2428
CHARMAINE L. ANDERSON,
Plaintiff – Appellant,
v.
GREGORY JACKO, Commissioner, U.S. Nuclear Regulatory
Commission,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. J. Frederick Motz, Senior District
Judge. (8:11-cv-01370-JFM)
Submitted: May 31, 2012 Decided: September 28, 2012
Before KING, DUNCAN, and DIAZ, Circuit Judges.
Remanded by unpublished per curiam opinion.
Charmaine L. Anderson, Appellant Pro Se. Joseph Ronald Baldwin,
OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Charmaine L. Anderson appeals from the district
court’s orders dismissing her complaint and denying her “Motion
to Not Dismiss” as moot since it was filed after judgment was
entered in the case. After reviewing the record, we conclude
that Anderson’s “Motion to Not Dismiss” should have been
liberally construed as a Fed. R. Civ. P. 59(e) motion to alter
or amend. Accordingly, we remand for reconsideration of
Anderson’s Rule 59(e) motion, so construed. On remand, the
district court may evaluate whether Anderson’s July 28, 2006
letter, submitted within an attachment to her Motion, justifies
setting aside the underlying dismissal order insofar as it
alleges that her supervisor’s secretary would sabotage her work
and that of “several other Black secretaries.” 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.
REMANDED

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