KERR v. MARSHALL UNIVERSITY BOARD OF GOVERNORS (2018)

Lisa Marie Kerr appeals the district court's order adopting the magistrate judge's recommendation and dismissing her July 2016 complaint pursuant to Fed. R. Civ. P. 12(b)(6). Kerr also appeals the district court's order denying her motion to reopen the judgment in her 2014 action, pursuant to Fed. R. Civ. P. 60(b), and for leave to amend her 2014 complaint, pursuant to Fed. R. Civ. P. 15(a)(2). We have reviewed the records and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Kerr v. Marshall Univ. Bd. of Governors, No. 2:16-cv-06589, 2017 WL 4176229 (S.D.W. Va. Sept. 21, 2017); Kerr v. Marshall Univ. Bd. of Governors, No. 2:14-cv-12333, 2018 WL 934614 (S.D.W. Va. Feb. 16, 2018). We deny Defendants’ motion to deem frivolous Kerr's appeal in No. 17-2243 and deny Kerr's motion for sanctions. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.