Antonio Untal Cecilia Untal v. United States

990 F.2d 1266 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio UNTAL; Cecilia Untal, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee. No. 92-16327. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 16, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Antonio and Cecilia Untal appeal the district court's dismissal pursuant to Fed.R.Civ.P. 4(j) of their Federal Tort Claims Act action because they did not personally serve the United States Attorney within 120 days of the filing of the action. We review for an abuse of discretion, Hart v. United States, 817 F.2d 78, 80 (9th Cir.1987), and we affirm. 3 Service upon the United States is made by (1) delivering a copy of the summons and complaint to the United States Attorney for the district in which the action is brought, and (2) sending a copy of the summons and complaint by registered or certified mail to the…