Bilyeu v. The David Letterman Show

U.S. Court of Appeals for the Fourth Circuit March 3, 2011

Bilyeu v. The David Letterman Show, 414 F. App'x 519 (4th Cir. 2011)

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Sheila Bilyeu appeals the district court’s order dismissing her civil complaint for failure to serve the summons and complaint upon Defendants in accordance with Fed.R.Civ.P. 4(m), and a subsequent order denying reconsideration. We have reviewed the record and find no reversible error. Accordingly, while we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. * Bilyeu v. The David Letterman Show, No. 2:09-cv-00609-RAJ-TEM (E.D. Va. filed *520 Sept. 16, 2010 & entered Sept. 17, 2010; Nov. 30, 2010). We dispense with oral argument because the facts and legal are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

To the extent that the district court’s order is unclear, we note that the dismissal was without prejudice. See Mendez v. Elliot, 45 F.3d 75, 78 (4th Cir. 1995) (a dismissal for failure to serve a defendant within 120 days after an action is filed should be "without prejudice”).

Reference

Full Case Name: Sheila BILYEU, Plaintiff-Appellant, v. the DAVID LETTERMAN SHOW; CBS, Defendants-Appellees
Status: Unpublished