Sheila Bilyeu v. The David Letterman Show


UNPUBLISHED PER CURIAM OPINION filed.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]

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Sheila Bilyeu v. The David Letterman Show Doc. 0 Case: 11-1035 Document: 7 Date Filed: 03/03/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1035 SHEILA BILYEU, Plaintiff Appellant, v. THE DAVID LETTERMAN SHOW; CBS, Defendants Appellees.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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 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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