Dennis Chen v. Loretta E. Lynch
Opinion
MEMORANDUM **
Dennis Chen appeals from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising from interference with his right to travel. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to serve a summons and complaint- in a timely manner. Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir. 2001). We affirm.
*396 The district court did not abuse its discretion by dismissing Chen’s action because Chen failed to show good cause as to why he did not timely serve defendants. See id. at 512 (explaining good cause standard). Moreover, the district court did not abuse its discretion in refusing to extend the service period. See id. at 513 (the district court has broad discretion to extend time for service or dismiss without prejudice).
We treat the dismissal of Chen’s action as without prejudice. See Fed.R.Civ.P. 4(m).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Dennis CHEN, Plaintiff-Appellant, v. WESTFIELD MALL, a California Corporation; Loretta E. Lynch, Attorney General, Defendants-Appellees
- Status
- Unpublished