Opinion
No. 06-15474 Non-Argument Calendar.
April 6, 2007.
Ralph Goldberg, Decatur, GA, for Plaintiff-Appellant.
James C. West, III, James C. West, III, P.C., Decatur, GA, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 05-01892-CVRWS-1.
Before WILSON, PRYOR, and COX, Circuit Judges.
Edward Sloan sued Fulton-Dekalb Hospital Authority, alleging that he was burned during a surgery at Grady Hospital in Atlanta, Georgia. Jurisdiction was grounded upon diversity of citizenship. The district court dismissed the action as time-barred.
The parties agree that Georgia law determines whether Plaintiffs lawsuit is barred by the statute of limitations. See Cambridge Mut. Fire Ins. v. City of Claxton, 720 F.2d 1230, 1233 (1983). Plaintiff does not dispute that: (1) the complaint was filed on the last day of the Georgia statute of limitations period for a renewal action; and (2) service was not effected within five days thereafter. Therefore, under Georgia law, the action is barred by the statute of limitations unless Plaintiff diligently attempted to perfect service. Id. We find no error in the district court's finding that Plaintiff presented insufficient evidence of his diligence in attempting to perfect service on Defandant. (R.1-18 at 13.)