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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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").

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