Eriksen

MEMORANDUM **

Peter Eriksen and Mary Emma Eriksen appeal pro se from two judgments dismissing their civil rights action with prejudice. The district court granted defendants’ motions to dismiss the Eriksens’ action for insufficient service under Rule 4(m) of the Federal Rules of Civil Procedure, expiration of the statute of limitations, and, with respect to the State defendants, Eleventh Amendment immunity. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s dismissal for failure to comply with service of process requirements. Townsel v. County of Contra Costa, Cal., 820 F.2d 319, 320 (9th Cir.1987). We review de novo dismissal on statute of limitations and Eleventh Amendment grounds. Mann v. Am. Airlines, 324 F.3d 1088, 1090 (9th Cir.2003) (statute of limitations); Yakama Indian Nation v. Wash. Dep’t of Revenue, 176 F.3d 1241, 1245 (9th Cir.1999) (Eleventh Amendment). We affirm in part, vacate in part, and remand.

The district court properly concluded that the Eriksens’ claims were subject to dismissal under Rule 4(m) because the Eriksens did not effect service of the complaint and summons within 120 days of the filing of the…