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LES ANCIENS D UNE EGLISE EN LES CHAMBRES COMPAGNIE, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee.
Les Anciens D Une Eglise En Les Chambres Compagnie (“Plaintiff”) appeals the district court's order denying its Fed. R. Civ. P. 60(b) motion seeking relief from the court's prior order granting Defendant's motion to dismiss and for judgment on the pleadings. In its opening brief, Plaintiff fails to present any argument as to the court's Rule 60(b) order; consequently, we conclude that Plaintiff has abandoned its right to contest this decision. See Adbul-Mumit v. Alexandria Hyundai, LLC, 896 F.3d 278, 290 (4th Cir. 2018) (“[C]ontentions not raised in the argument section of the opening brief are abandoned.” (internal quotation marks omitted)).*
Accordingly, we affirm the district court's order. 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
FOOTNOTES
FOOTNOTE. Although Plaintiff disputes the district court's prior order granting Defendant's dispositive motion, Plaintiff did not note an appeal from that order, and “an appeal from denial of Rule 60(b) relief does not bring up the underlying judgment for review.” Aikens v. Ingram, 652 F.3d 496, 501 (4th Cir. 2011) (en banc) (internal quotation marks omitted).
PER CURIAM:
Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
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Docket No: No. 19-2238
Decided: September 28, 2020
Court: United States Court of Appeals, Fourth Circuit.
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