Sheila Bilyeu v. The David Letterman Show
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998509043-2] Originating case number: 2:09-cv-00609-RAJ-TEM Copies to all parties and the district court/agency. [998536815] [11-1035]
Sheila Bilyeu v. The David Letterman Show
Doc. 0
Case: 11-1035
Document: 7
Date Filed: 03/03/2011
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 11-1035
SHEILA BILYEU, Plaintiff Appellant, v. THE DAVID LETTERMAN SHOW; CBS, Defendants Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:09-cv-00609-RAJ-TEM)
Submitted:
February 24, 2011
Decided:
March 3, 2011
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sheila Bilyeu, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 11-1035
Document: 7
Date Filed: 03/03/2011
Page: 2
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. reviewed the record and find no reversible error. We have
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 Sept. 16, 2010 & entered Sept. 17, 2010; Nov. 30, 2010). 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
To the extent that the district court's order is unclear, we note that the dismissal was without prejudice. See Mendez v. Elliott, 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").
*
2
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