Unpublished Disposition, 843 F.2d 502 (9th Cir. 1987)

MEMORANDUM^* 

The district court dismissed without prejudice Lyle Prenzler's Freedom of Information Act action for failure to properly serve the summons and complaint in compliance with Fed. R. Civ. P. 4. Prenzler appeals. We affirm.¹ 

Prenzler failed to properly serve the summons and complaint, which he filed on June 23, 1986, upon the federal defendants within 120 days in compliance with Fed. R. Civ. P. 4.

He was informed by the United States Attorney concerned of the steps necessary to effect proper service on that office under Rule 4, by letter dated June 26, 1986.

Two months after Prenzler had filed his complaint, the district court, in its first order of August 15, 1986 dismissing the action without prejudice, directed Prenzler to serve the United States in the manner prescribed by Rule 4. Six months later, in its February 20, 1987 order to show cause why the action should not be dismissed, the court again told Prenzler of the need to properly serve the federal defendants. Prenzler did not respond to the order to show cause. The court dismissed the action without prejudice upon finding that Prenzler had not served the United States in the manner provided by Rule 4, nor shown good cause for his failure to proceed in a timely fashion.² 

Because Prenzler did not properly serve the federal defendants within 120 days after filing the complaint or show cause for his failure to effect timely service, the court properly dismissed the action pursuant to Fed. R. Civ. P. 4(j). See Wei v. Hawaii, 765 F.2d 370, 371 (9th Cir. 1985).

AFFIRMED.