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WHALE v. UNITED STATES

No. 85-6219.

792 F.2d 951 (1986)

Gregory WHALE, Plaintiff-Appellant, v. UNITED STATES of America, United States Drug Enforcement Agency, Federal Bureau of Investigation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1986.

As Amended on Denial of Rehearing and Rehearing August 18, 1986.

Attorney(s) appearing for the Case

J. Patrick Maginnis, Maginnis & Maginnis, Los Angeles, Cal., for plaintiff-appellant.

James Stotter, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before GOODWIN, TANG, and FLETCHER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 18, 1986.

FLETCHER, Circuit Judge:

Plaintiff Gregory Whale appeals from the district court's denial of his motion for reconsideration. The district court had previously dismissed Whale's action sua sponte for failure to prosecute because Whale had not personally served the U.S. Attorney within 120 days of filing the complaint as required by Fed.R.Civ.P. 4(d)(4), 4(j). We affirm.

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