Summary
upholding dismissal of Social Security action for failure to prosecute when plaintiff had not served summons and did not show cause for his failure to do so
Summary of this case from Raskin v. SaulOpinion
No. 09-35036.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed February 25, 2011.
Roberts Allen Long, Jr., Seward, AK, pro se.
Appeal from the United States District Court for the District of Alaska, James V. Selna, District Judge, Presiding. D.C. No. 3:07-cv-00127-JVS.
The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation.
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Robert Allen Long appeals pro se from the district court's order dismissing for failure to prosecute his action seeking Social Security benefits. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Townsel v. Cnty. of Contra Costa, Cal., 820 F.2d 319, 320 (9th Cir. 1987). We affirm.
The district court did not abuse its discretion by dismissing the action without prejudice because Long failed to serve the summons and complaint as required by Federal Rule of Civil Procedure 4(m), or to show good cause for his failure. See id.
Long's remaining contentions are unpersuasive.
Long's pending Motion for Emergency Court Protection is denied.