Joe Allen Robles v. R.B. Thomas

943 F.2d 55 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joe Allen ROBLES, Plaintiff-Appellant, v. R.B. THOMAS, Defendant-Appellee. No. 91-15439. United States Court of Appeals, Ninth Circuit. Submitted Sept. 6, 1991. * Decided Sept. 9, 1991. Before CANBY, DAVID R. THOMPSON and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Joe Allen Robles, an Arizona state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action without prejudice pursuant to Fed.R.Civ.P. 4(j). We review for an abuse of discretion, Puett v. Blanford, 912 F.2d 270, 273 (9th Cir.1990), and we affirm. 3 Robles filed his complaint on June 27, 1990. On August 7, 1990, the district court granted Robles in forma pauperis status and ordered the U.S. Marshal to serve the defendant pursuant to Fed.R.Civ.P. 4(c)(2)(C)(ii). On November 15, 1990, the process receipt was returned unexecuted. On December 10, 1990, the district court entered an order finding that the 120 day period for…