Crownover by Crownover v. Phillips

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James CROWNOVER, by and with his parent, Joan CROWNOVER; Joan Crownover, Plaintiffs-Appellants, v. Don PHILLIPS, as Superintendent; Mountain View-Los Altos Union High School District, Defendants-Appellees. No. 93-15786. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 20, 1993. Before: SNEED, NOONAN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 James and Joan Crownover appeal the district court's dismissal of their action without prejudice pursuant to Rule 4(j) of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We review the district court's dismissal under Rule 4(j) for abuse of discretion. Townsel v. County of Contra Costa, 820 F.2d 319, 320 (9th Cir.1987). We affirm. 3 Under Rule 4(j), the district court is required to dismiss an action if the defendant is not served with a copy of the summons and the complaint within 120 days…