Eric David Boudette v. John Barnette, Police Officer James Vaughn, Police Officer
Opinion
Opinion
Choy, J.
Eric D. Boudette appeals the dismissal of his action for failure to serve the complaint within 120 days after its filing, as required by Federal Rules of Civil Procedure 4©. Boudette contends that the district court abused its discretion in dismissing his action because he could not show good cause for ■ his failure to comply' with Rule 4(j). We affirm.
This is the second time that Boudette has had an action making similar allegations dismissed for failure to comply with Fed.R. Civ.P. 4(j). After his first action was dismissed on January 19, 1989, Boudette lodged a second complaint with thé district court on January 25, 1989, and filed a motion for leave to proceed in forma pauperis (“IFP”). On February 24, 1989, the motion for IFP status was granted, and the second complaint was filed. IFP status entitled Boudette, inter alia, to have the United States bear some of the costs of his suit. Under Fed.R.Civ.P. 4© and 6(a), service of the complaint was required by June 26, 1989.
Boudette did inform the United States Attorney of the second complaint in April 1989. However, he failed to serve the complaint by June 26, 1989. Instead, on August 15, 1989, Boudette filed a motion for…