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RANCE v. ROCKSOLID GRANIT USA, INC.

No. 09-11026 Non-Argument Calendar.

583 F.3d 1284 (2009)

Kelvin RANCE, Plaintiff-Appellant, v. ROCKSOLID GRANIT USA, INC., as owner of the fictitious name Granite Transformations, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 28, 2009.

Attorney(s) appearing for the Case

Kelvin Rance, Lake Worth, FL, pro se.

Before BIRCH, WILSON and FAY, Circuit Judges.

WILSON, Circuit Judge:

Kelvin Rance appeals the district court's dismissal without prejudice of his complaint for failure to timely serve Rocksolid Granit USA, Inc. ("Rocksolid") pursuant to Federal Rule of Civil Procedure 4(m). Relying on decisions from other circuits, Rance argues that the complaint should not have been dismissed for failure to serve the defendant because the district court clerk and the U.S. Marshal failed to prepare the summons and complaint and...

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