Vivi K. Hansen, Plaintiff-appellant, v. Secretary of Health and Human Services, Defendant-appellee, 972 F.2d 1339 (9th Cir. 1992)

MEMORANDUM^** 

Vivi K. Hansen appeals pro se the district court's dismissal of her action without prejudice under Fed. R. Civ. P. 4(j) for failure to serve the Secretary of Health and Human Services (Secretary) in Hansen's action challenging the Secretary's denial of her application for Social Security Benefits. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

We review the district court's dismissal under Rule 4(j) for an abuse of discretion. See Hart v. United States, 817 F.2d 78, 80 (9th Cir. 1985).

Rule 4(j) provides that an action against a defendant shall be dismissed without prejudice if that defendant is not served with a copy of the summons and complaint within 120 days of filing the complaint unless the plaintiff can show good cause why service was not made within that time. Fed. R. Civ. P. 44(j).

Here, Hansen filed her action against the Secretary on March 6, 1991. On October 25, 1991, the district court issued an order to show cause why her case should not be dismissed for failure to serve the Secretary. The court warned Hansen that if she failed to respond to the order within ten days her action would be dismissed. Hansen failed to respond, and the district court dismissed the action without prejudice.

Hansen neither served the Secretary within the 120-day period prescribed by Rule 4(j), nor did she seek an extension of time in which to serve. Because Hansen did not demonstrate good cause for failing to serve the Secretary, the district court did not err by dismissing her action without prejudice. See Fed. R. Civ. P. 4(j); Hart, 817 F.2d at 80-81.

AFFIRMED.