Martin v. Big Apple Deli, LLC

U.S. Court of Appeals for the Fourth Circuit
Martin v. Big Apple Deli, LLC, 671 F. App'x 48 (4th Cir. 2016)

Martin v. Big Apple Deli, LLC

Opinion of the Court

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James C. Martin appeals, from the district court’s order granting Defendants’ motion to dismiss his civil action pursuant to Fed. R. Civ. P. 12(b)(5) for insufficient service of process. We have reviewed the record and find no abuse of discretion in the district court’s decision to dismiss the complaint. See Cardenas v. City of Chi., 646 F.3d 1001, 1005 (7th Cir. 2011) (stating standard of review). Accordingly, we affirm for the reasons stated by the district court. Martin v. Big Apple Deli, LLC, No. 1:14-cv-03042-GLR (D. Md. Nov. 19, 2015). However, pursuant to Fed. R. Civ. P. 4(m), we modify the district court’s order to a dismissal without prejudice. 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 AS MODIFIED .

Reference

Full Case Name
James C. MARTIN v. BIG APPLE DELI, LLC, trading as Crabapples Delicatessen Bruce R. Derrick, individual, trading as Crabapples Delicatessen
Cited By
2 cases
Status
Published