Rance v. Rocksolid Granit USA, Inc., No. 09-11026
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).
Filed September 28, 2009
Opinion by Judge Wilson