Rodriguez v. HFP Incorporated

U.S. Court of Appeals for the Fourth Circuit

Rodriguez v. HFP Incorporated

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1084

ISIDORO RODRIGUEZ,

Plaintiff - Appellant,

versus

HFP INCORPORATED, General Partner; IOTA PARTNERS; EDRIS E. HARBESTON; JACK HARBESTON; JEROME BARRON,

Defendants - Appellees,

and

ARMADA COMPANY, General Partner; SEA SEARCH ARMADA; DOE ENTITIES 1-6; MURDOCK & COMPANY; DAVE LAROCQUE; DON MIDDLEBROOK; ED CARPENTER; DANILO DEVIS PEREIRA; JOHN DOES, 1-10,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-02-1523-A)

Submitted: September 8, 2003 Decided: October 10, 2003

Before LUTTIG, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion. Isidoro Rodriguez, LAW OFFICES OF RODRIGUEZ & SIBLEY, Alexandria, Virginia, for Appellant. R. Harrison Pledger, Jr., PLEDGER & FEORD, P.L.C., McLean, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Isidoro Rodriguez appeals the district court order dismissing

his complaint for lack of personal jurisdiction. We review de novo

the district court’s legal conclusions concerning personal

jurisdiction. To the extent that the district court’s conclusions

are based on findings of fact, however, such findings should not be

disturbed unless clearly erroneous. Mylan Lab., Inc. v. Akzo,

N.V.,

2 F.3d 56

, 60 (4th Cir. 1993). Rodriguez bears the burden of

showing by a preponderance of the evidence that jurisdiction

existed. In re Celotex Corp.,

124 F.3d 619, 628

(4th Cir. 1997).

We have reviewed the record and the district court’s findings

and legal conclusions and find no error. Accordingly, we affirm.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court, and argument would not aid the decisional process.

AFFIRMED

3

Reference

Status
Unpublished