Megan Whittington v. the Shenandoah County Commonwealth of Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-2188
MEGAN WHITTINGTON,
Plaintiff - Appellant,
v.
THE SHENANDOAH COUNTY COMMONWEALTH OF VIRGINIA;
STEPHANIE COOL-DANNER, Former FSS at Shenandoah County Department
of Social Services; HEATHER FROST, Supervisor at Shenandoah County
Department of Social Services,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at
Harrisonburg. Thomas T. Cullen, District Judge. (5:21-cv-00066-TTC)
Submitted: March 11, 2025 Decided: March 13, 2025
Before NIEMEYER, RICHARDSON, and BENJAMIN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Megan Whittington, Appellant Pro Se. Rosalie Fessier, TIMBERLAKE SMITH,
Staunton, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Megan Whittington appeals the district court’s order denying as untimely her third
Fed. R. Civ. P. 60(b) motion. “We review the district court’s ruling on a [Rule] 60(b)
motion for abuse of discretion . . . .” Aikens v. Ingram, 652 F.3d 496, 501 (4th Cir. 2011)
(en banc). “And if the reason[s] asserted for the Rule 60(b)[] motion could have been
addressed on appeal from the judgment, we have denied the motion as merely an
inappropriate substitute for an appeal.” Id. We have reviewed the record and find no abuse
of discretion. Accordingly, we affirm the district court’s order. Whittington v. Shenandoah
Cnty., No. 5:21-cv-00066-TTC (W.D. Va. Nov. 1, 2024). 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

-- 2 of 2 --