Kirby Barnes v. Smithfield Foods

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1670
KIRBY BARNES,
Plaintiff – Appellant,
v.
SMITHFIELD FOODS,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:14-cv-00080-RBS-LRL)
Submitted: October 16, 2014 Decided: October 20, 2014
Before MOTZ, WYNN, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kirby Barnes, Appellant Pro Se. Kurt George Larkin, HUNTON &
WILLIAMS, LLP, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Kirby Barnes appeals the district court’s order
dismissing his complaint without prejudice for failing to serve
the Defendant, Smithfield Foods, within 120 days of filing the
complaint, pursuant to Fed. R. Civ. P. 4(m). On appeal, we
confine our review to the issues raised in the Appellant’s
brief. See 4th Cir. R. 34(b). Because Barnes’ informal brief
does not challenge the basis for the district court’s
disposition, Barnes has forfeited appellate review of the
court’s order. Accordingly, although we grant leave to proceed
in forma pauperis, we affirm the district court’s judgment. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED

-- 2 of 2 --