James Martin v. Big Apple Deli, LLC ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2578
JAMES C. MARTIN,
Plaintiff - Appellant,
v.
BIG APPLE DELI, LLC, trading as Crabapples Delicatessen;
BRUCE R. DERRICK, individual, trading as Crabapples
Delicatessen,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. George L. Russell, III, District Judge.
(1:14-cv-03042-GLR)
Submitted: November 18, 2016 Decided: November 28, 2016
Before SHEDD, AGEE, and DIAZ, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Brennan C. McCarthy, BRENNAN MCCARTHY & ASSOCIATES, Annapolis,
Maryland, for Appellant. Richard W. Evans, Amy Leete Leone,
MCCARTHY WILSON, LLP, Rockville, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.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
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