John Colen v. United States
Opinion
Opinion
MEMORANDUM
John V. Colen appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to prosecute. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002), and we affirm.
The district court did not abuse its discretion by dismissing the action, without prejudice, after warning Colen to comply with Federal Rule of Civil Procedure 4(m) and timely serve defendants, providing him an opportunity to demonstrate good cause when he failed to do so, and properly weighing the pertinent factors for dismissal. See Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 512 (9th Cir.2001) (affirming lower court’s holding that there was no good cause shown to extend the service period where plaintiff failed to show party to be served received actual notice of the lawsuit, that defendant would suffer no prejudice, and that plaintiff would be severely prejudiced if his complaint were dismissed); Pagtalunan, 291 F.3d at 642-43 (discussing factors that courts must consider in determining whether to dismiss for failure to prosecute or to comply with a court order).