Steve Moten v. Louis W. Sullivan, M.D.

974 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Steve MOTEN, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Defendant-Appellee. No. 91-56303. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Sept. 1, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Steve Moten appeals the district court's dismissal of his action for failure to properly serve the summons and complaint within 120 days of filing his complaint. See Fed.R.Civ.P. 4(j). Moten contends that district court erred by finding that his service was ineffective because the summons did not comply with the requirements of Federal Rules of Civil Procedure 4(b). We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 "When a party has failed to comply with the requirements of service within the requisite time period, we review the district court's dismissal for an abuse of discretion." Hart v. United States, 817 F.2d 78, 80 (9th Cir.1987).…