Richard Terflinger v. Bernie Aispuro

990 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard TERFLINGER, Plaintiff-Appellant, v. Bernie AISPURO, et al., Defendant-Appellee. No. 92-16412. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 6, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Terflinger, a pro se state prisoner, brought a 42 U.S.C. § 1983 action against several prison officials. The district court dismissed defendant P.A. Cruz because Terflingler failed to serve him in compliance with Fed.R.Civ.P. 4(j). Terflinger appeals. We affirm. 3 We review the district court's decision to dismiss Cruz for an abuse of discretion. Wei v. State of Hawaii, 763 F.2d 370, 371 (9th Cir.1985) (per curiam). Rule 4(j) requires dismissal without prejudice of any defendant who is not served within 120 days after filing of the summons and complaint, unless the plaintiff can show "good cause". 4 Terflinger did not seek…