IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10214
Conference Calendar
MELVIN MCCORMICK,
Plaintiff-Appellant,
versus
MGM GRAND,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CV-2299
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August 19, 1998
Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Melvin McCormick appeals the district court’s dismissal of
his personal injury action against the MGM Grand Hotel for
failure to effect service of process on the defendant within the
120-day period set forth in Rule 4(m) of the Federal Rules of
Civil Procedure. He argues generally that the district court
erred in dismissing his action. McCormick had ample notice of
the defect in service over one month prior to the expiration of
the 120-day period when the district court denied his motion for
*
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that this opinion should not be published and is not precedent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. 98-10214
-2-
a default judgment and summary judgment because the defendant had
not been served. See Systems Signs Supplies v. United States
Dep’t of Justice, 903 F.2d 1011, 1013 (5th Cir. 1990). Because
McCormick did not effect service of process on the defendant
within the 120-day period or file any pleading in an attempt to
establish good cause for his failure to effect service within the
period, the district court did not abuse its discretion in
dismissing his action for failure to effect service within the
120-day period as required by Rule 4(m). See id.; see also
Peters v. United States, 9 F.3d 344, 345 (5th Cir. 1993).
McCormick’s appeal is without arguable merit and therefore
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED. See
5th Cir. R. 42.2.
APPEAL DISMISSED.