United States Eleventh Circuit

In an appeal from the district court's dismissal without prejudice of plaintiff's complaint for failure to timely serve defendant pursuant to Fed. R. Civ. P. 4(m), the order is vacated where the failure of the United States Marshal to effectuate service on behalf of an in forma pauperis plaintiff through no fault of that plaintiff constitutes "good cause" for the plaintiff's failure to effect timely service within the meaning of Rule 4(m).

Appellate Information

• Decided 09/28/2009
• Published 09/28/2009

Judges

• WILSON, Circuit Judge:, Before BIRCH, WILSON and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Kelvin Rance, Lake Worth, FL, pro se.