Atkins v. Creighton Elementary School District

MEMORANDUM

Lisa Ann Atkins appeals pro se from the district court’s summary judgment in her Title VII action alleging gender discrimination. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s decision regarding the sufficiency of service of process. Rio Props., Inc. v. Rio Int’l Interlink, 284 F.3d 1007, 1014 (9th Cir.2002). We affirm.

The district court did not abuse its discretion by granting summary judgment for defendant because it correctly determined that Atkins failed to effectuate service in compliance with Rule 4 of the Federal Rules of Civil Procedure. See Fed. R.Civ.P. 4(j)(2) (requiring service of process on state or local government entity by either delivering summons and complaint on entity’s chief executive officer or serving a copy of each in the manner proscribed by state law); Batty v. Glendale Union High Sch. Dist. No. 205, 221 Ariz. 592 , 212 P.3d 930, 933-34 (Ariz.Ct.App.2009) (under Arizona law, delivery of notice of claim on superintendent insufficient to complete service of process on defendant school district); see also Benny v. Pipes, 799 F.2d 489, 492 (9th Cir.1986) (explaining that actual notice is…