HAYNES, Circuit Judge:
Stanley Millan appeals the district court's order dismissing his claims for failing to effect timely service on the proper defendant under FED.R.CIV.P. 4(m). Although the district court's dismissal was without prejudice, both parties agree that the running of the applicable statute of limitations likely bars Millan from refiling his claims. Because the record does not support dismissal of Millan's claims under the heightened standard of review...
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