Woodford

Timmy Tyson v. Woodford

Good Law
483 F. App'x 366
United States Court of Appeals for the Ninth CircuitSeptember 20, 201211-16262California433 words

Opinion

Opinion

MEMORANDUM

California state prisoner Timmy Ray Tyson appeals pro se from the district court’s dismissal order and summary judgment in his 42 U.S.C. § 1983 action alleging various constitutional violations. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal for failure to serve the summons and complaint in a timely manner, Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir.2001), and we review de novo summary judgment, Taylor v. List, 880 F.2d 1040, 1044 (9th Cir.1989). We affirm.

The district court did not abuse its discretion in dismissing without prejudice the claims against all defendants except Wood-ford for failure to effect timely service of process. See Fed.R.Civ.P. 4(m) (requiring service within 120 days after the complaint is filed); In re Sheehan, 253 F.3d at 512-13 (discussing good cause standard and the district court’s broad discretion to extend time for service or dismiss without prejudice).

The district court properly granted summary judgment for Woodford on Tyson’s claims concerning his placement in administrative segregation and secured housing, his denial of good time credits, his access to mail and the…

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