Elpidio Mendez v. Richard N. Elliot, Individually and in His Official Capacity the City of Gaithersburg, Maryland Montgomery County, Maryland

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Senior Judge HARGROVE joined.

OPINION

NIEMEYER, Circuit Judge:

The district court dismissed this case without prejudice under Federal Rule of Civil Procedure 4(j), now renumbered as Rule 4(m), because the plaintiff failed to serve any defendant within 120 days after the complaint was filed. Plaintiff contends that he had requested an extension of time within which to effect service prior to the expiration of the 120-day period and that the court granted the request. He argues that dismissal, by a…