Herbert Hayes, Plaintiff-appellant, v. Michael P.w. Stone, Secretary, Department of the Army,defendant-appellee,andequal Employment Opportunity Commission, Defendant, 977 F.2d 572 (4th Cir. 1992)

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US Court of Appeals for the Fourth Circuit - 977 F.2d 572 (4th Cir. 1992) Submitted April 13, 1992. Decided Sept. 28, 1992

Appeal from the United States District Court for the Eastern District of North Carolina, at Fayetteville, No. CA-91-4-3-CIV-H; Malcolm J. Howard, District Judge.

Herbert Hayes, appellant pro se.

Rudolf A. Renfer, Jr., Office of the United States Attorney, Raleigh, N.C., for appellee.

E.D.N.C.

AFFIRMED.

Before PHILLIPS, WILKINSON and NIEMEYER, Circuit Judges.

OPINION

PER CURIAM:


Herbert Hayes appeals from the district court's order dismissing his complaint for failure to serve without good cause a United States Attorney within 120 days of filing. Fed. R. Civ. P. 4(j). Our review of the record and the district court's opinion establishes that there was no abuse of discretion. Accordingly, we affirm on the reasoning of the district court. Hayes v. Stone, No. CA-91-4-3-CIV-H (E.D.N.C. Dec. 10, 1991). 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.