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In re Bernegger

Citation: 646 F. App'x 310Docket: No. 16-1055

Court: Court of Appeals for the Fourth Circuit; April 22, 2016; Federal Appellate Court

Narrative Opinion Summary

Peter Bernegger's appeal of the district court's order, which partially denied and partially granted his motion under Fed. R. Civ. P. 59(e) and denied his petition under Fed. R. Civ. P. 27(a), has been reviewed. The court found no reversible error in the record. The appeal is granted leave to proceed in forma pauperis, and the district court's order is affirmed. The case referenced is In re: Peter Bernegger, No. 1:15-cv-01495-LMB-IDD (E.D. Va. Dec. 28, 2015). The court dispensed with oral argument, determining that the existing materials sufficiently presented the facts and legal issues.

Legal Issues Addressed

Affirmation of District Court's Order

Application: The appellate court affirmed the district court's order, indicating agreement with the lower court's findings.

Reasoning: The appeal is granted leave to proceed in forma pauperis, and the district court's order is affirmed.

Dispensing with Oral Argument

Application: The court decided that oral argument was unnecessary as the written submissions were sufficient to resolve the issues.

Reasoning: The court dispensed with oral argument, determining that the existing materials sufficiently presented the facts and legal issues.

Motion for Reconsideration under Fed. R. Civ. P. 59(e)

Application: The court evaluated the district court's decision to partially deny and partially grant the motion for reconsideration and found no reversible error in the judgment.

Reasoning: Peter Bernegger's appeal of the district court's order, which partially denied and partially granted his motion under Fed. R. Civ. P. 59(e) and denied his petition under Fed. R. Civ. P. 27(a), has been reviewed.

Proceeding In Forma Pauperis on Appeal

Application: The appeal was granted leave to proceed without payment of fees due to the appellant's financial status.

Reasoning: The appeal is granted leave to proceed in forma pauperis, and the district court's order is affirmed.