United States v. Dais

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6612
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
NORMAN TYRONE DAIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:03-cv-00386-TLW-1)
Submitted: July 22, 2010 Decided: August 3, 2010
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Norman Tyrone Dais, Appellant Pro Se. Rose Mary Sheppard
Parham, Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Norman Tyrone Dais appeals the district court’s order
denying his Fed. R. Civ. P. 60(b)(3) motion based on allegations
of fraud, misrepresentation and misconduct. We have reviewed
the record and find Dais did not establish misconduct by clear
and convincing evidence or show that he was prevented from
presenting his case. See Schultz v. Butcher, 24 F.3d 626, 630
(4th Cir. 1994). Accordingly, we find the court did not abuse
its discretion denying the motion. Id. We affirm the court’s
order. 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
2