IN THE SUPREME COURT OF THE STATE OF NEVADA

KENNETH GLENN ERICKSON, JR., No. 66139 Appellant, vs. DON POAG; KATHERINE HEGGE; M FILED GREEN; AND C.O. YATES, Resnondents.

NOV 1.4 2014 TRACIE . LINDEMAN CLER F EM BY DEPUTY CLERK

ORDER OF AFFIRMANCE This is a proper person appeal from a district court order dismissing a civil rights action for failure to timely serve process. Second Judicial District Court, Washoe County; Elliott A. Sattler, Judge.

Under NRCP 4(i), a district court is required to dismiss a plaintiffs complaint if the plaintiff fails to serve a defendant with process within 120 days of filing the complaint and fails to move for an enlargement of the time for service. NRCP 4(i) ("[T]he action shall be dismissed unless the party on whose behalf such service was required files a motion to enlarge the time for service . . . ."); Saavedra-Sandoval v. Wal- Mart Stores, Inc., 126 Nev. , 245 P.3d 1198, 1200-01 (2010) (recognizing that NRCP 4(i) differs from its federal counterpart in that NRCP 4(i) not only requires a plaintiff to show good cause for failing to timely serve process, but also requires a plaintiff to file a motion to enlarge the time for service).

Here, as appellant neither completed service of process on respondents within 120 days nor filed a motion to enlarge the time for service, the district court properly dismissed his complaint. NRCP 4(i); Saavedra-Sandoval, 126 Nev. at 245 P.3d at 1200 (explaining that SUPREME COURT OF NEVADA

(0) 1947A e -37Gth this court reviews a district court order granting a motion to dismiss for failure to timely serve process for an abuse of discretion). Accordingly, we ORDER the judgment of the district court AFFIRMED.

-_L J.

Hardesty

J.

Cherry ver

cc: Hon. Elliott A. Sattler, District Judge Kenneth Glenn Erickson, Jr. Washoe District Court Clerk

SUPREME COURT OF NEVADA (0) [947A (se