Hearst

MEMORANDUM *

Appellant Cottrell Hearst (“Hearst”) appeals the dismissal of his action for lack of prosecution. Hearst claims that the District Court abused its discretion by dismissing the action with prejudice under Rule 4(m) of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we AFFIRM.

BACKGROUND

On April 12, 1999, Hearst brought this employment discrimination action against the United States; Secretary Togo D. West, Jr. (“Secretary West”) of the United States Department of Veterans Affairs (“VA”); and the Long Beach office of the VA (collectively referred to as the “Government” or “defendants”) in District Court. On July 15, 1999, the District Court issued an order to show cause why the case should not be dismissed for lack of prosecution. On July 26, 1999, Hearst served a copy of the complaint and summons on Secretary West. On November 2, 1999, the District Court issued another order to show cause why the case should not be dismissed for lack of prosecution. Hearst retained counsel following the issuance of the second order to show cause. On December 9, 1999, he served the United States Attorney General’s Office in both…