Immerman

Immerman v. U.S. Department of Agriculture

Good Law
267 F. App'x 609
United States Court of Appeals for the Ninth CircuitFebruary 20, 2008No. 05-36001California424 words

Opinion

lead Opinion

MEMORANDUM *

Moshe Immerman (“Immerman”) appeals from the district court’s dismissal of his complaint for failure to properly and timely serve the summons and complaint under Fed.R.Civ.P. 4(i). Immerman also challenges the district court’s refusal to appoint him counsel and denial of his motion for reconsideration. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part and remand.

*610 Under Rule 4(m), service must be effected within 120 day of filing of the complaint. If the plaintiff fails to serve the defendant within that period, the court must either dismiss the complaint or “direct that service be effected within a specified time.” Id. However, if the plaintiff shows “good cause” the court “shall extend the time for service for an appropriate period.” Id. We have held that Rule 4(m) requires a two-step analysis. “First, upon a showing of good cause for the defective service, the court must extend the time period. Second, if there is no good cause, the court has the discretion to dismiss without prejudice or to extend the time period.” In re Sheehan, 253 F.3d 507, 512 (9th Cir.2001). We review for abuse of discretion. Puett v. Blandford, 912 F.2d…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.