OLIVERA v. NV CCDCDEF (2021)

MEMORANDUM **

Nevada state prisoner Napoleon Olivera appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims relating to his pretrial detention. 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 under Federal Rule of Civil Procedure 4(m). Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir. 2001). We affirm.

The district court did not abuse its discretion by dismissing Olivera's action because Olivera failed to effect timely and proper service of the summons and complaint on defendant Church and did not show good cause for the failure, despite being given notice and an opportunity to do so. See Fed. R. Civ. P. 4(m) (district court may dismiss a claim for failure to serve, after providing notice to the plaintiff and absent a showing of good cause for failure to serve); Sheehan, 253 F.3d at 512 (discussing Rule 4(m)’s “good cause” standard).

AFFIRMED.