Matt Johnson v. Bally's Hotel

996 F.2d 1225 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Matt JOHNSON, Plaintiff-Appellant, v. BALLY'S HOTEL, Defendant-Appellee. No. 91-165056. United States Court of Appeals, Ninth Circuit. Submitted June 8, 1993. * Decided June 14, 1993. Before: CANBY, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Matt Johnson appeals pro se the district court's dismissal of his action under 42 U.S.C. § 1983 . Johnson failed to serve the summons and complaint within 120 days after filing as required by Fed.R.Civ.P. 4(j). The district court dismissed the action without prejudice after giving Johnson an opportunity to show good cause for his failure to serve. We affirm. 3 We review the district court's dismissal under Rule 4(j) for abuse of discretion. Puett v. Blandford, 912 F.2d 270, 273 (9th Cir.1990). Dismissal without prejudice is mandatory unless the plaintiff has demonstrated "good cause," or excusable neglect, for his failure to serve. Fed.R.Civ.P. 4(j);…