Johnson v. Historic Restoration

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30908
Summary Calendar
ROBERT JOHNSON,
Plaintiff-Appellant,
versus
HISTORIC RESTORATION, INC.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
(98-CV-3088-B)
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February 2, 2000
Before POLITZ, JONES, and WIENER, CIRCUIT JUDGES.
PER CURIAM:*
Plaintiff-Appellant Robert Johnson appeals the dismissal with
prejudice by the district court of his employment discrimination
and tort claims against Defendant-Appellee Historic Restoration,
Inc. ("HR"), for failure timely and properly to effectuate service
of process pursuant to Fed. R. Civ. Pro. 4. Concluding that (1)
the district court correctly determined that Johnson's otherwise
timely service on a common law employee of HR without demonstrating
anything approaching a diligent effort to accomplish service on
that corporation's registered agent was ineffective, and (2) the

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2
district court did not abuse its discretion in refusing to give
Johnson additional time to effect service, principally because
Johnson failed to show good cause for his failure to accomplish
valid service within the statutory 120 days following the filing of
his complaint, we affirm.
We have carefully reviewed the record on appeal and the facts
and law as related to us by counsel in their respective appellate
briefs, and have likewise carefully considered the Order & Reasons
entered by the district court on July 20, 1999, as a result of
which we are convinced that the district court not only did not
commit reversible error but affirmatively ruled correctly and
analyzed the issues accurately and completely. Rather than wasting
judicial resources by writing anew, therefore, we affirm for the
reasons set forth by the district court and adopt its Order &
Reasons by reference.
AFFIRMED.

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