Leo F. Morrical, Jr. v. John S. Foote, Inspector General's Office

Good Law
995 F.2d 232·1993 WL 179265·1993 U.S. App. LEXIS 21353
United States Court of Appeals for the Ninth CircuitMay 26, 199392-36856California367 words

Opinion

Opinion

995 F.2d 232 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leo F. MORRICAL, Jr., Plaintiff-Appellant, v. John S. FOOTE, Inspector General's Office, Defendant-Appellee. No. 92-36856. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 26, 1993. Before HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Leo Morrical, an Oregon state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action for failing to serve the complaint within 120 days after its filing, as required by Fed.R.Civ.P. 4(j). We review for an abuse of discretion, Puett v. Blandford, 912 F.2d 270, 273 (9th Cir.1990), and we affirm. 3 A plaintiff must serve the complaint on each defendant within 120 days after the filing of the complaint. Fed.R.Civ.P. 4(j). If an incarcerated plaintiff proceeding in forma pauperis requests that the United States Marshal serve his complaint and provides the information necessary to effectuate service,…

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