Herman Lee Noble, Plaintiff-appellant, v. Donald L. Boswell, Sheriff, Henrico County, Stanley Furman,doctor, Anita Connors, R.n., Defendants-appellees, 931 F.2d 54 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 931 F.2d 54 (4th Cir. 1991) Submitted April 8, 1991. Decided April 26, 1991

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, District Judge. (CA-88-1512-AM)

Herman Lee Noble, appellant pro se.

John Adrian Gibney, Jr., Shuford, Rubin, Gibney & Dunn, Richmond, Va. Janet Page Selph, Jack B. Russell, Browder & Russell, Richmond, Va., for appellees.

E.D. Va.


Before MURNAGHAN, SPROUSE and NIEMEYER, Circuit Judges.


Herman Lee Noble appeals from the district court's order denying relief under 42 U.S.C. § 1983. We affirm the dismissal as to defendant Connors for failure to serve the complaint within 120 days; however, we modify the dismissal as to Connors to reflect that it is without prejudice. Fed. R. Civ. P. 4(j). Our review of the record and the district court's opinion discloses that the remainder of this appeal is without merit. Accordingly, we affirm the dismissal as to the other defendants on the reasoning of the district court. Noble v. Boswell, CA-88-1512-AM (E.D. Va. Dec. 13, 1990). 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.