United States Fourth Circuit

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Aikens v. Ingram, 08-2278

In a former colonel's suit against his former colleagues at the North Carolina Army National Guard, claiming that they violated his Fourth Amendment rights by wrongfully intercepting, reading, and forwarding his e-mails while he was deployed in Iraq, district court's order dismissing the action without prejudice for lack of subject matter jurisdiction for failure to exhaust any available intramilitary remedies is affirmed as the district court did not abuse its discretion in denying plaintiff's motion to reopen the judgment under Fed Rule of Civ. Proc. 60(b)(6), because to the extent that plaintiff rests his argument on the district court's earlier purportedly erroneous dismissal of his case, his remedy was to appeal, not to file a Rule 60(b)(6) motion.

Appellate Information

  • Argued 03/25/2010
  • Submitted 07/06/2010
  • Decided 07/06/2010
  • Published 07/06/2010

Judges

  • <a href="http://pview.findlaw.com/view/2492068_1">NIEMEYER, J.</a>

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/2982677_1">William Woodward Webb</a>, John Foster Maddrey