Abdul Aziz v. Univ. of AR

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-1958
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Abdul Aziz, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
University of Arkansas at Little Rock, *
*
Appellee. * [UNPUBLISHED]
*
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Submitted: August 24, 1999
Filed: August 31, 1999
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Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.
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PER CURIAM.
Abdul Aziz appeals the district court’s1 denial of his motion under Fed. R. Civ.
P. 60(b)(1) for relief from an adverse grant of summary judgment. We review for
abuse of discretion, see Sanders v. Clemco Indus., 862 F.2d 161, 169 (8th Cir. 1988),
and finding none, we affirm.
1
The Honorable James Maxwell Moody, United States District Judge for the
Eastern District of Arkansas.
Because Aziz’s Rule 60(b)(1) motion alleged an error of law that could have
been raised on appeal from the underlying judgment, was not made within thirty days
of the underlying judgment, and only presented an issue previously rejected by the
district court, we conclude that the motion was properly denied. See Fox v. Brewer,
620 F.2d 177, 179-180 (8th Cir. 1980); Sanders, 862 F.2d at 169-170.
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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