Roberts v. US Dept of Army ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30377
Summary Calendar
ROB W. ROBERTS,
Plaintiff-Appellant,
versus
U.S. DEPARTMENT OF ARMY,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 99-CV-472
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September 26, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Rob Roberts appeals pro se from a dismissal for untimely
service of process. This court reviews for abuse of discretion a
dismissal for failure to effect timely service. Systems Signs
Supplies v. United States Dep’t of Justice, 903 F.2d 1011, 1013
(5th Cir. 1990). Roberts argues that Rule 4 requires the court to
give him guidance on how to effect proper service. Rule 4 requires
only that the court notify a claimant that dismissal is impending
for lack of timely service. Fed. R. Civ. P. 4(m). The record
reflects that the court gave Roberts every consideration, granting
*
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that this opinion should not be published and is not precedent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. 01-30377
-2-
multiple time extensions with specific service instructions.
Moreover, Roberts’s pro se status does not exempt him from
effecting proper service. See Kersh v. Derozier, 851 F.2d 1509,
1512 (5th Cir. 1988). Accordingly, the district court did not
abuse its discretion in dismissing Roberts’s complaint for untimely
service.
AFFIRMED.