O'Brien v. Visa USA, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Johnson v. U.S. Government (United States District Court for the Southern District of California 2023)
- Akins v. United State of America (United States District Court for the Southern District of California 2022)
- Bernard v. San Diego Sheriff Dept. (United States District Court for the Southern District of California 2021)
- Anaya v. Munoz (United States District Court for the Southern District of California 2021)
- Wang v. Secretary of the Department of Homeland Security Alejandro Mayorkas (United States District Court for the Southern District of California 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
MEMORANDUM
Edward Michael O’Brien appeals pro se from the district court’s order dismissing for failure to prosecute his action against various financial institutions. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir. 2001), and we affirm.
O’Brien contends the district court abused its discretion by dismissing his action for failure to prosecute. This contention is unpersuasive because O’Brien did not establish that he served process on any defendant within 120 days of filing his complaint. See Fed.R.Civ.P. 4(m) (providing a plaintiff with 120 days to serve process); see also Fed.R.Civ.P. 4(h)(1) (describing the manner of effecting proper service upon a corporation).
O’Brien’s remaining contentions are also unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.