Krishna Reddy v. Cbay Systems Holdings, Ltd.

MEMORANDUM

Krishna Reddy appeals pro se from the district court’s judgment dismissing her employment action alleging various federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal for failure to serve, Oyama v. Sheehan (In re Sheehan), 258 F.3d 507, 511 (9th Cir.2001), and de novo a dismissal for failure to state a claim, Hebbe v. Filler, 627 F.3d 338, 341 (9th Cir.2010). We affirm.

The district court did not abuse its discretion by dismissing Reddy’s action against the individual defendants because Reddy failed to serve them properly, and failed to establish good cause for the lack of service when the court gave her notice and an opportunity to do so. See Fed.R.Civ.P. 4(m) (district court may sua sponte dismiss an action for failure to serve “after notice to the plaintiff’); see also Fed.R.Civ.P. 4 (requirements for proper service on an individual); In re Sheehan, 253 F.3d at 511 (good cause showing to extend time to effect proper service).

The district court properly dismissed Reddy’s action against the remaining defendants as precluded by the doctrine of res judicata because Reddy alleged nearly identical…