Pedraza v. Perkins ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40319
Conference Calendar
LEOPOLD LEE PEDRAZA,
Plaintiff-Appellant,
versus
RONALD G. PERKINS ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. V-95-CV-76
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April 10, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Leopold Lee Pedraza, Texas prisoner # 441538, filed a civil
rights action under 42 U.S.C. § 1983 against the Chief of Police
for the City of Victoria, Texas, several other employees of the
police department, and the City of Victoria. The district court
ordered Pedraza to serve the defendants in 120 days. Subsequently,
the district court dismissed the entire complaint against all
defendants without prejudice for Pedraza’s failure to serve the
defendants and denied all of Pedraza’s motions seeking postjudgment
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-40319
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relief. Pedraza has not shown either good cause or excusable
neglect for his failure to comply with the rules of service. See
Kersh v. Derozier, 851 F.2d 1509, 1512 (5th Cir. 1988).
DISMISSED AS FRIVOLOUS. 5th Cir. R. 42.2.