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Dona Hall v. Marvin T. Runyon
Citations: 25 F.3d 1048; 1994 U.S. App. LEXIS 20980; 1994 WL 201888Docket: 94-3032
Court: Court of Appeals for the Sixth Circuit; May 23, 1994; Federal Appellate Court
Dona Hall, a pro se plaintiff from Ohio, appealed a district court's dismissal of her civil rights complaint under Title VII (42 U.S.C. § 2000e) against the Postmaster General, alleging wrongful termination based on race and sex, as well as retaliation for prior Equal Employment Opportunity (EEO) complaints. The defendant moved to dismiss based on Hall's failure to properly serve the United States Attorney as mandated by Federal Rule of Civil Procedure (Fed. R. Civ. P.) 4(d)(4). The district court dismissed the complaint without prejudice, concluding that service was not properly perfected. In her appeal, Hall contended that the dismissal was an abuse of discretion, arguing that her failure to serve was due to good cause and excusable neglect. The court reviewed the dismissal under the abuse of discretion standard and found no error. It emphasized that Hall had the burden to demonstrate good cause for her failure to serve timely, which she did not establish. The court noted that her attorney's failure and her ignorance of service requirements did not amount to good cause under Fed. R. Civ. P. 4(j). The court affirmed the district court's judgment and denied Hall's request for oral argument, concluding that the dismissal was justified given the lack of evidence for good cause.