GARY WAYNE CARTER v. JOHN BRAD WHITESIDES; CAPTAIN ERIC JAILLETTE; LANCASTER SHERIFF'S DEPARTMENT
The Fourth Circuit vacated a district court's denial of a Rule 60(b) motion because the lower court raised the timeliness issue on its own without giving the plaintiff notice. While the court agreed that the one-year deadline applied, it held that timeliness is an affirmative defense that must be raised by the opposing party.