Eugene J. Hutch v. Gary Kaplan

8 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene J. HUTCH, Plaintiff-Appellant, v. Gary KAPLAN, Defendant-Appellee. No. 93-15466. United States Court of Appeals, Ninth Circuit. Submitted Oct. 13, 1993. * Decided Oct. 15, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Eugene J. Hutch, a Hawaii state prisoner, appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 prisoner civil rights action for failure to serve process within 120 days of filing his complaint as required under Fed.R.Civ.P. 4(j). We have jurisdiction under 28 U.S.C. § 1291 . We review the district court's dismissal under Rule 4(j) for an abuse of discretion, Puett v. Blanford, 921 F.2d 270, 273 (9th Cir.1990), and we affirm. 3 Hutch contends that he had good cause for failing to serve process within 120 days of filing his complaint because the district court did not rule on his in forma pauperis motion within that 120 day period. 1 We…