Vonderplanitz

MEMORANDUM **

In this civil rights action, Aajonus Vonderplanitz appeals pro se the district court’s grant of partial summary judgment, entry of judgment following a jury trial, and various pre-trial orders. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review for abuse of discretion the dismissal of a complaint for failure to timely serve the summons and complaint. Oyama v. Sheehan (In re Sheehan), 258 F.3d 507, 511 (9th Cir.2001). Vonderplanitz admits that he did not serve defendant McGarity in the same manner as the other police defendants. Because service on McGarity was defective, the district court did not abuse its discretion by dismissing the action as to McGarity for failure to effect service within 120 days. See Fed.R.Civ.P. 4(m); In re Sheehan, 253 F.2d at 511 (stating that where plaintiff lacks good cause for defective service district court has discretion to dismiss without prejudice).

We review the district court’s decision to set aside the entry of default for abuse of discretion. O’Connor v. State of Nevada, 27 F.3d 357, 364 (9th Cir.1994). Because defendant Moll timely moved to vacate and had a meritorious defense, the district court’s…