Kevin Schrubb, Sr. v. A. Lopez

MEMORANDUM

Kevin R. Schrubb, Sr., a California state prisoner, appeals pro se from the district court’s order denying reconsideration of the dismissal of his complaint. The district court dismissed his 42 U.S.C. § 1983 action for failure to serve defendants under Rule 4(m) of the Federal Rules of Civil Procedure. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Latshaw v. Trainer Wortham & Co., 452 F.3d 1097, 1100 (9th Cir.2006).

The central question in this case is ' whether the district court properly analyzed whether Schrubb established “excusable neglect” under Rule 60(b)(1). In examining this question, we have established a four-factor test: “(1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith.” Lemoge v. United States, 587 F.3d 1188, 1192 (9th Cir.2009) (citation omitted). We explained in Lemoge that failing to identify this standard or to correctly analyze each factor is an abuse of discretion, and we reversed the district court’s denial of a motion for reconsideration because the district…