Boyden
Boyden v. O'Sullivan
Opinion
Lead Opinion
MEMORANDUM **
Gerald Boyden appeals pro se the district court’s order granting judgment as a matter of law pursuant to Fed.R.Civ.P. 50(a) in favor of defendants O’Sullivan and the City of Los Angeles in his 42 U.S.C. § 1983 action alleging a Fourth Amendment violation. Boyden also appeals the district court’s May 14,1997 order dismissing without prejudice seven defendants for failure to timely serve. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a judgment under Fed. R.Civ.P. 50(a). Johnson v. Paradise Valley Unified Sch. Dist., 251 F.3d 1222, 1226 (9th Cir.2001). We review for abuse of discretion the dismissal of a complaint under Fed.R.Civ.P. 4(m). Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir.2001). We affirm.
Because Boyden testified that defendant O’Sullivan was not one of the officers involved in the alleged Fourth Amendment violation, the district court properly granted the Rule 50(a) motion in favor of defendant O’Sullivan. See Wilson v. Good Humor Corp. 757 F.2d 1293, 1300 (9th Cir. 1985) (holding directed verdict appropriate where plaintiff unable to identify defendant as individual who caused injury).