Thomas Foster v. Christine Wormuth

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 20 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS WILLIAM FOSTER, No. 21-35606

Plaintiff-Appellant, D.C. No. 3:21-cv-05041-RJB

v.

MEMORANDUM*

CHRISTINE WORMUTH, Department of the Army,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

Submitted April 11, 2022**

Before: McKEOWN, CHRISTEN, and BRESS, Circuit Judges.

Thomas William Foster appeals pro se from the district court’s judgment

dismissing his Title VII employment action alleging discrimination and retaliation.

We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of

discretion a dismissal for failure to serve the summons and complaint under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Federal Rule of Civil Procedure 4(m).…