From Casetext: Smarter Legal Research

Hejazi v. Esper

United States Court of Appeals, Ninth Circuit
Jul 21, 2022
No. 21-35711 (9th Cir. Jul. 21, 2022)

Opinion

21-35711

07-21-2022

HAMID MICHAEL HEJAZI, Plaintiff-Appellant, v. MARK T. ESPER, Secretary, Department of the Army; UNITED STATES DEPARTMENT OF THE ARMY; U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants-Appellees.


NOT FOR PUBLICATION

Submitted July 12, 2022

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding D.C. No. 6:19-cv-00149-MK

Before: SCHROEDER, R. NELSON, and VANDYKE, Circuit Judges.

MEMORANDUM

Hamid Michael Hejazi appeals pro se from the district court's judgment dismissing his employment action alleging discrimination. 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 Hejazi's action because Hejazi failed to effect proper service of the summons and complaint after being given notice and opportunities and directives to do so and failed to show good cause for his failure to serve. See Fed.R.Civ.P. 4(m) (outlining the requirements for proper service and explaining that a district court may dismiss for failure to serve after providing notice and absent a showing of good cause for failure to serve); In re Sheehan, 253 F.3d at 512-13 (discussing good cause and the district court's broad discretion to dismiss an action).

AFFIRMED.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


Summaries of

Hejazi v. Esper

United States Court of Appeals, Ninth Circuit
Jul 21, 2022
No. 21-35711 (9th Cir. Jul. 21, 2022)
Case details for

Hejazi v. Esper

Case Details

Full title:HAMID MICHAEL HEJAZI, Plaintiff-Appellant, v. MARK T. ESPER, Secretary…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 21, 2022

Citations

No. 21-35711 (9th Cir. Jul. 21, 2022)

Citing Cases

Xiao Yu Chen v. Clover Park Sch. Dist.

Accordingly, the Court recommends that plaintiff's action be dismissed without prejudice for failing to…

Kamath v. United States Dep't of Homeland Sec.

So, the claims against the Federal Protective Services and the United States Department of Homeland Security…