Martin S. Almaraz v. Harrah's Casino

3 F. App'x 568

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 1, 2001
• Docket: 00-2514
• Status: Unpublished

Opinion

PER CURIAM.

Martin Almaraz appeals from the district court’s 1 dismissal of his employment discrimination complaint for failure to serve defendant. Having carefully reviewed the record, we conclude the district court did not abuse its discretion.

Accordingly, we affirm the judgment of the district court except we modify the dismissal to be without prejudice. See 8th Cir. R. 47B; Fed.R.Civ.P. 4(m) (if service is not made within 120 days, the court, after notice to plaintiff, shall dismiss action without prejudice or direct that service be effected within specified time); Bullock v. United, States, 160 F.3d 441, 442 (8th Cir. 1998) (per curiam).

1 . The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.