Ghana v. Roberts

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Emory M. GHANA, Dr., Plaintiff-Appellant, v. Barbara ROBERTS, Governor of Oregon; Fred B. Pierce, Director of the Oregon Department of Correction; M. Maass, Superintendent of Oregon State Penitentiary, Defendants-Appellees. No. 92-56117. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 14, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Emory M. Ghana appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. Sec. 1983 action. The district court dismissed the action because Ghana failed to effect proper service of the summons and complaint within 120 days after filing as required by Fed.R.Civ.P. 4(j). We have jurisdiction under 28 U.S.C. Sec. 1291 . We review for abuse of discretion, Puett v. Blandford, 912 F.2d 270, 273 (9th Cir.1990), and affirm. 3 Under Rule 4(j), the district court is required to…