BOUDETTE v. BARNETTE

No. 89-16716.

923 F.2d 754 (1991)

Eric David BOUDETTE, Plaintiff-Appellant, v. John BARNETTE, Police Officer; James Vaughn, Police Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1991.


Attorney(s) appearing for the Case

Eric David Boudette, Rimrock, Ariz., in pro per.

Michael A. Johns, Asst. U.S. Atty., Phoenix, Ariz., for defendants-appellees.

Before KOELSCH, CHOY and BEEZER, Circuit Judges.


CHOY, Circuit Judge:

Eric D. Boudette appeals the dismissal of his action for failure to serve the complaint within 120 days after its filing, as required by Federal Rules of Civil Procedure 4(j). Boudette contends that the district court abused its discretion in dismissing his action because he could not show good cause for his failure to comply with Rule 4(j). We affirm.

This is the second time that Boudette has had an action making similar allegations dismissed...

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