Maisano v. Biegenwald

Full title: Dale Frank MAISANO, Plaintiff-Appellant, v. Sergeant BIEGENWALD…

Court: United States Court of Appeals, Ninth Circuit

Date published: Aug 5, 1996

92 F.3d 1192 (9th Cir. 1996)

Opinion

92 F.3d 1192 (9th Cir. 1996) Dale Frank MAISANO, Plaintiff-Appellant, v. Sergeant BIEGENWALD, Defendant-Appellee. No. 94-15856. United States Court of Appeals, Ninth Circuit August 5, 1996

Submitted July 29, 1996.

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Arizona, No. CV-92-00794-SMM(MS); Stephen M. McNamee, District Judge, Presiding.

D.Ariz.

AFFIRMED.

Before: HUG, Chief Judge, SCHROEDER and TASHIMA, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.

Dale Frank Maisano, an Arizona state prisoner, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. § 1983 action. We affirm the district court's conclusion that Maisano failed to establish good cause under Fed.R.Civ.P. 4(m) for his failure to serve the complaint. See Boudette v. Barnette, 923 F.2d 754, 757 (9th Cir.1991); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987).

AFFIRMED. ¹

1 Because of our disposition of this appeal, we do not consider the applicability, if any, of the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996), to this appeal.