Aaron Raiser v. California Highway Patrol

MEMORANDUM

Aaron Raiser appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising out of a stop performed by an unknown California Highway Patrol officer. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s dismissal of an action for failure to serve, Thompson v. Maldonado, 309 F.3d 107, 110 (9th Cir. 2002), and de novo a district court’s dismissal for failure to state a claim, Stone v. Travelers Corp., 58 F.3d 434, 436-37 (9th Cir. 1995). We affirm.

The district court did not abuse its discretion in dismissing without prejudice Raiser’s claims against defendant Doe because Raiser failed properly to identify and serve a summons and complaint on Doe after being given notice that his failure to do so would result in dismissal of his claims. See Fed. R. Civ. P. 4(m) (district court may dismiss a claim for failure to effect timely service after providing notice, and absent a showing of good cause for failure to serve).

The district court properly dismissed Raiser’s claim for injunctive relief against defendant Farrow because Raiser’s allegation that he was…