Marcus D. Robinson v. America's Best Contacts and Eyeglasses

HENLEY, Senior Circuit Judge.

In this appeal Marcus D. Robinson challenges the district court’s denial of his Rule 60(b) motion to vacate the court’s prior order dismissing Robinson’s pro se Title VII complaint for failure to execute service of process in compliance with Fed.R.Civ.P. 4(j). For reversal, Robinson argues that his complaint was not “filed” within the meaning of Rule 4(j) until January 26,1988, rather than November 23, 1987, as urged by defendant America’s Best Contacts and Eyeglasses (America’s Best), and as implicitly found by the district court. We agree, and reverse and remand.