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CAMPBELL v. PENNEY CORPORATION INC (2018)

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United States Court of Appeals, Fourth Circuit.

Keith CAMPBELL, Plaintiff-Appellant, v. J.C. PENNEY CORPORATION, INC., Defendant-Appellee.

No. 17-2197

Decided: January 22, 2018

Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Keith Campbell, Appellant Pro Se. Maryan Alexander, Brigitte Joelle Smith, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, Baltimore, Maryland, for Appellee.

Keith Campbell appeals the magistrate judge’s order denying his motion to withdraw the stipulation of dismissal of his negligence action.* After the parties reached a settlement agreement, Campbell unsuccessfully moved to reopen the case, asserting that he had felt undue pressure to settle. For the first time on appeal, Campbell challenges the propriety of comments made by a different magistrate judge during a settlement conference. This claim is unpreserved and, in any event, lacks evidentiary support. Because Campbell proffers no viable challenge to the enforceability of the settlement agreement, we affirm the magistrate judge’s order. See Campbell v. J.C. Penney Corp., No. 8:16-cv-03820-WGC (D. Md. Sept. 18, 2017). 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.   The parties consented to proceed before a magistrate judge pursuant to 28 U.S.C. § 636 (2012) and Fed. R. Civ. P. 73.

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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