John F. Piwowarski v. FAYE MORGAN, Manager of Charles Town Towers

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2025
JOHN F. PIWOWARSKI,
Plaintiff - Appellant,
v.
FAYE MORGAN, Manager of Charles Town Towers,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:08-cv-00068-JPB-JES)
Submitted: February 5, 2010 Decided: March 3, 2010
Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John F. Piwowarski, Appellant Pro Se. Kirk H. Bottner, LAW
OFFICE OF KIRK H. BOTTNER, Charles Town, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John F. Piwowarski appeals from the district court's
order denying his motion to reopen his case. We have reviewed
the record and find no reversible error.∗ Accordingly, we affirm
for the reasons stated by the district court. Piwowarski v.
Morgan, No. 3:08-cv-00068-JPB-JES (N.D. W. Va. Aug. 31, 2009).
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
∗ Because Piwowarski’s suit was dismissed without prejudice,
Piwowarski may still refile his suit in the district court. As
the district court has explained, Piwowarski must refile his
suit as a new case and pay the appropriate fees. We express no
opinion on the timeliness or merits of Piwowarski’s claims.

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