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  • Mixon v. Tyrrell County Public Schools, 4th Cir. (2009)

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    Mark Mixon filed a complaint against Tyrrell County Public Schools that was dismissed without prejudice by the district court for insufficient service of process. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no reversible error. In an unpublished opinion, the appeals court dispensed with oral arguments, determining the facts and legal issues were adequately presented in the case materials.

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    Filed: 2009-10-02 Precedential Status: Non-Precedential Docket: 09-1103

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    Mark Mixon filed a complaint against Tyrrell County Public Schools that was dismissed without prejudice by the district court for insufficient service of process. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no reversible error. In an unpublished opinion, the appeals court dispensed with oral arguments, determining the facts and legal issues were adequately presented in the case materials.

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    11 views2 pages

    Mixon v. Tyrrell County Public Schools, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Mark Mixon filed a complaint against Tyrrell County Public Schools that was dismissed without prejudice by the district court for insufficient service of process. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no reversible error. In an unpublished opinion, the appeals court dispensed with oral arguments, determining the facts and legal issues were adequately presented in the case materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-1103

    MARK MIXON,
    Plaintiff Appellant,
    v.
    TYRRELL COUNTY PUBLIC SCHOOLS,
    Defendant Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Elizabeth City.
    Malcolm J.
    Howard, Senior District Judge. (2:07-cv-00031-H)

    Submitted:

    September 29, 2009

    Decided:

    October 2, 2009

    Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Mark Mixon, Appellant Pro Se.


    Curtis Hudson Allen, III,
    THARRINGTON & SMITH, LLP, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Mark
    dismissing

    his

    Mixon

    appeals

    complaint

    service of process.
    reversible error.

    the

    without

    district
    prejudice

    courts
    for

    order

    insufficient

    We have reviewed the record and find no

    Accordingly, we affirm for the reasons stated

    by the district court.

    Mixon v. Tyrrell County Public Schools,

    No. 2:07-cv-00031-H (E.D. Va. Dec. 23, 2008).

    We dispense with

    oral

    contentions

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    the

    court

    are
    and

    argument would not aid the decisional process.


    AFFIRMED

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