U.S. Court of Appeals for the Fourth Circuit, 2005

Lescs v. Martinsburg Police Department

U.S. Court of Appeals for the Fourth Circuit · Decided January 12, 2005 · Wilkinson, Williams, Michael

119 F. App'x 505

Opinion

*506 PER CURIAM:

Cecile M. Lescs appeals the district court’s orders granting the motion to dismiss her civil action, denying her motion for summary judgment, and denying her motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. * See Lescs v. Martinsburg Police Dep’t, No. CA-03-7-3 (N.D.W. Va. Mar. 26, 2004 & June 25, 2004). 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

We note that while the district court did not err in dismissing the complaint for failure to effect proper service of process, see Fed. R.Civ.P. 12(b)(5), and that "a failure to obtain proper service on the defendant deprives the court of personal jurisdiction over the defendant,” Koehler v. Dodwell, 152 F.3d 304, 306 (4th Cir. 1998), insufficient service would not deprive the court of subject matter jurisdiction. See Mississippi Publ’g Corp. v. Murphree, 326 U.S. 438, 445, 66 S.Ct. 242, 90 L.Ed. 185 (1946).

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