Unpublished Disposition, 841 F.2d 1129 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 841 F.2d 1129 (9th Cir. 1988)

Yana Lee REED, Plaintiff-Appellant,v.UNITED STATES of America, Defendant-Appellee.

No. 87-5666.

United States Court of Appeals, Ninth Circuit.

Argued Dec. 11, 1987.Submitted Feb. 10, 1988.Decided March 3, 1988.

Before WALLACE, NORRIS and DAVID R. THOMPSON, Circuit Judges.


MEMORANDUM* 

We previously remanded this case for the limited purpose of allowing the district court to exercise its discretion to determine whether plaintiff's counsel showed good cause under Fed. R. Civ. P. 4(j) for his failure to effect service upon the defendant within 120 days of filing the complaint. Having now exercised that discretion, the district court found that plaintiff's counsel did not demonstrate good cause for his failure to effect timely service. The district court dismissed plaintiff's complaint. In finding that counsel's exclusive reliance on the San Diego County Law Library's out-of-date pocket part to the United States Code Annotated as a source for the Federal Rules of Civil Procedure did not constitute good cause, the district court did not abuse its discretion.

AFFIRMED.

 *

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. Rule 36-3

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