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James Widtfeldt v. James Daugherty, 14-1907 (2014)

Court: Court of Appeals for the Eighth Circuit Number: 14-1907 Visitors: 15
Filed: Dec. 16, 2014
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 14-1907 _ James A. Widtfeldt lllllllllllllllllllll Plaintiff - Appellant v. James Daugherty, Revenue Officer; Internal Revenue Service; U.S. Treasury lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the District of Nebraska - Omaha _ Submitted: December 11, 2014 Filed: December 16, 2014 [Unpublished] _ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. _ PER CURIAM. James Widtfeldt appeals the
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 14-1907
                         ___________________________

                                  James A. Widtfeldt

                        lllllllllllllllllllll Plaintiff - Appellant

                                            v.

   James Daugherty, Revenue Officer; Internal Revenue Service; U.S. Treasury

                       lllllllllllllllllllll Defendants - Appellees
                                        ____________

                     Appeal from United States District Court
                       for the District of Nebraska - Omaha
                                  ____________

                           Submitted: December 11, 2014
                             Filed: December 16, 2014
                                  [Unpublished]
                                  ____________

Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.
                          ____________

PER CURIAM.

       James Widtfeldt appeals the district court’s1 without-prejudice dismissal of his
pro se civil action for failure to prosecute. Upon careful review, we conclude that the

      1
       The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
district court did not abuse its discretion in dismissing the action without prejudice,
because Widtfeldt failed to establish that he had properly effectuated service against
defendants within 120 days after filing his complaint. See Fed. R. Civ. P. 4(m);
Bullock v. United States, 
160 F.3d 441
, 442 (8th Cir. 1998) (per curiam) (standard
of review). Accordingly, we affirm. See 8th Cir. R. 47B.
                         ______________________________




                                         -2-

Source:  CourtListener

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