Robert Leroy Chesney v. Joseph N. Malfero, H.H.S. Special Agent

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Leroy CHESNEY, Plaintiff-Appellant, v. Joseph N. MALFERO, H.H.S. Special Agent, et al., Defendants-Appellees. No. 93-56295. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. * Decided April 14, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert L. Chesney appeals pro se the district court's dismissal of his civil rights action against various federal agents. The district court dismissed the action without prejudice under Fed.R.Civ.P. 4(j) for failure to effect service of process. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 On May 28, 1992, Chesney, who was then a federal prisoner, filed his complaint and a request to proceed in forma pauperis ("IFP"). A magistrate judge ordered the complaint filed without prepayment of filing fees, but did not rule on Chesney's request for IFP status. On December 21, 1992, another magistrate…