Bilyeu v. The David Letterman Show , 414 F. App'x 519 ( 2011 )

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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. We have
reviewed the record and find no reversible error. 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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