Darden v. Peralta Community College District
Opinion of the Court
MEMORANDUM
Earnest A. Darden appeals pro se the district court’s summary judgment in favor
The district court did not abuse its discretion when it dismissed Darden’s claims on grounds of insufficient service because Darden failed to obtain a waiver or provide proof of service to the district court in accordance with Fed.R.Civ.P. 4(d) and (1), after he was given multiple chances to properly and timely serve the summons and complaint in accordance with Fed. R.Civ.P. 4(m). See id. at 512. Darden also failed to make a showing of good cause for his failure to execute proper service. Id.
Darden’s remaining contentions are also without merit.
Appellees’ motion for sanctions for frivolous appeal and request for judicial notice are denied.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Earnest A. DARDEN, Plaintiff—Appellant v. PERALTA COMMUNITY COLLEGE DISTRICT, Defendants—Appellees
- Cited By
- 1 case
- Status
- Published