Jarrett v. United States District Court for the Central District of California Western Division Pro Se Clerks Office

MEMORANDUM

Robert L. Jarrett, Jr. appeals pro se from the district court’s order dismissing his action for failure to effect service of process within 120 days, as required by Federal Rule of Civil Procedure 4(m). We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, Puett v. Blandford, 912 F.2d 270, 273 (9th Cir.1990), and we reverse and remand.

The district court allowed Jarrett to proceed without prepayment of filing fees, see 28 U.S.C. § 1915 (a)(1) (authorizing federal courts to allow a plaintiff to proceed without prepayment of filing fees), entitling him to have officers of the court issue and serve all process, see 28 U.S.C. § 1915 (d); Fed.R.Civ.P. 4(c)(3); Puett, 912 F.2d at 273 . The district court abused its discretion by dismissing Jarrett’s request for court officers to effect service and then dismissing the action for lack of service. If on remand the district court determines that the complaint survives 28 U.S.C. § 1915 (e)(2)(B)(i) and (ii) (requiring the district court to dismiss an action filed under § 1915(a) that is frivolous, malicious, or fails to state a claim on which relief may be granted), then the court should proceed to…