Leona F. Fass, Plaintiff-appellant v. H. Lawrence Garrett, Iii, Secretary, Defendant-appellee, 981 F.2d 1258 (9th Cir. 1992)

MEMORANDUM^** 

The issue in this case is whether the district court erred by dismissing Leona Fass's action for failure to effect time service upon the United States Attorney, pursuant to Rule 4(j), Fed. R. Civ. P. We affirm.

Rule 4(d) (4) requires a plaintiff suing a federal defendant to serve the Office of the United States Attorney with a copy of the summons and complaint. Rule 4(j) provides for dismissal without prejudice when a plaintiff fails to serve a defendant within 120 days after the filing of the complaint without good cause. Fed. R. Civ. P. 4(d) (4), 4(j); A.W. Reynolds v. United States, 782 F.2d 837, 838 (9th Cir. 1986) (per curiam) (dismissal is appropriate under Rule 12(b) (2) for lack of personal jurisdiction). The plaintiff's failure to read the Rules of Civil Procedure does not constitute good cause. Id. The dismissal of Fass's action was not an abuse of discretion.

The judgment of the district court is AFFIRMED.