JONES v. FRANK

No. 91-1331.

973 F.2d 872 (1992)

Julius J. JONES, Jr., Plaintiff-Appellant, v. Anthony M. FRANK, Postmaster General, United States Postal Service, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 26, 1992.


Attorney(s) appearing for the Case

Barry D. Roseman, Denver, Colo., for plaintiff-appellant.

Michael J. Norton, U.S. Atty., and Stephen D. Taylor, Asst. U.S. Atty., Denver, Colo., for defendant-appellee.

Before MOORE, BARRETT, and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

Plaintiff filed this action against the Defendant Postmaster General alleging employment discrimination by the United States Postal Service. On Defendant's motion, the district court dismissed Plaintiff's case without prejudice pursuant to Fed. R.Civ.P. 4(j) because Plaintiff failed to properly serve the United States within 120 days from the date the complaint was filed. We review the district court's dismissal for untimely service for abuse...

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