Biancur

MEMORANDUM *

John A. Hickey appeals the district court’s entry of judgment against him. He argues that entry of judgment was inappropriate because the default on which judgment was predicated was void. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion 1 when it declined to lift the default on the asserted grounds that service of process had been delayed without good cause shown. The court never provided notice to the plaintiffs that it would, on its own initiative, dismiss the action against Hickey if good cause for the delay was not shown, as required by Federal Rule of Civil Procedure 4(m). Hickey also did not timely move for dismissal under Rule 4(m), triggering the requirement that plaintiffs show good cause under that rule. Moreover, plaintiffs have successfully demonstrated that if they had been required to show good cause during the period for service, they could have done so. The default was not void on the ground that good cause was not shown at the time of the delay in service.

The district court also correctly rejected Hickey’s arguments that the default was void because the district court dismissed the…