[Download] "Boudette v. Barnette" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Boudette v. Barnette
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 22, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
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 for failure to comply with Fed. R. Civ. P. 4(j). After his first action was dismissed on January 19, 1989, Boudette lodged a second complaint with the district court on January 25, 1989, and filed a motion for leave to proceed in forma pauperis (""IFP""). On February 24, 1989, the motion for IFP status was granted, and the second complaint was filed. IFP status entitled Boudette, inter alia, to have the United States bear some of the costs of his suit. Under Fed. R. Civ. P. 4(j) and 6(a), service of the complaint was required by June 26, 1989.