United States v. Vibanco-Sanchez

1The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 00-2514
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Martin Santana Almaraz, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Harrah’s Casino and Hotel, *
* [UNPUBLISHED]
Appellee. *
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Submitted: January 26, 2001
Filed: February 1, 2001
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Before BOWMAN, BEAM, and LOKEN, Circuit Judges.
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PER CURIAM.
Martin Almaraz appeals from the district court’s1 dismissal of his employment
discrimination complaint for failure to serve defendant. Having carefully reviewed the
record, we conclude the district court did not abuse its discretion.
Accordingly, we affirm the judgment of the district court except we modify the
dismissal to be without prejudice. See 8th Cir. R. 47B; Fed. R. Civ. P. 4(m) (if service

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is not made within 120 days, the court, after notice to plaintiff, shall dismiss action
without prejudice or direct that service be effected within specified time); Bullock v.
United States, 160 F.3d 441, 442 (8th Cir. 1998) (per curiam).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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