Brett v. Freedman ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-1767
JANETTA THOMAS BRETT,
Plaintiff - Appellant,
versus
BRUCE MICHAEL FREEDMAN, M.D., P.C.,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Claude M. Hilton, District Judge.
(CA-95-1540-A)
Submitted: August 12, 1997 Decided: August 29, 1997
Before HAMILTON and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Janetta Thomas Brett, Appellant Pro Se. Gary Albert Godard, Mark
Raleigh Lightfoot, GODARD, WEST & ADELMAN, Fairfax, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order dismissing her
civil action for failure to properly serve the summons and com-
plaint upon the Defendant in a timely manner. We have reviewed the
record and the district court's opinion and find no reversible
error. Accordingly, we affirm. See Fed. R. Civ. P. 4(m) (service
must be completed within 120 days after filing the complaint in
district court). 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"). 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
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