United States Fourth Circuit

Denial of plaintiff's motion for leave to amend its complaint and denial of motion for reconsideration, which were filed after the court had dismissed its original complaint alleging multiple constitutional and civil rights violations arising out of a denied use permit, are affirmed where: 1) there was simply no longer any complaint pending to amend; 2) plaintiff never made an effort to open or vacate the judgment under Rule 60(b); and 3) its argument that the district court should have construed its motion for reconsideration as a motion to vacate under Rule 60(b) is rejected.

Appellate Information

• Decided 03/15/2013
• Published 03/15/2013

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel