UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-1648
ANTHONY LAMBERT, SR.,
Plaintiff - Appellant,
versus
NORTH CAROLINA STATE BAR,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Elizabeth City. Terrence W. Boyle,
Chief District Judge. (CA-98-71-2-BO)
Submitted: August 24, 1999 Decided: September 2, 1999
Before WIDENER, MURNAGHAN, and MOTZ, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Anthony Lambert, Sr., Appellant Pro Se. Douglas James Brocker,
NORTH CAROLINA STATE BAR, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Lambert, Sr., appeals the district court’s order dis-
missing his civil action for failing to properly serve process on
Defendant. We have reviewed the record and, although we find no
reversible error, dismissal of the action should have been without
prejudice. See 5A Charles A. Wright & Arthur R. Miller, Federal
Practice and Procedure § 1353, at 280 (2d ed. 1990); Umbenhauer v.
Woog, 969 F.2d 25, 30 n.6 (3d Cir. 1992). Accordingly, we affirm
as modified to reflect dismissal without prejudice. 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
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