Carmelita De Vera Viray, Plaintiff-appellant, v. Donald Steuer, Captain of the Navy, Defendant-appellee, 107 F.3d 15 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 107 F.3d 15 (9th Cir. 1997) Submitted Jan. 21, 1997. *Decided Jan. 27, 1997

Before: O'SCANNLAIN, LEAVY, and KLEINFELD, Circuit Judges.


MEMORANDUM** 

Carmelita Viray appeals pro se the district court's order dismissing her complaint for failure to effect timely service pursuant to Fed. R. Civ. P. 4(m). Viray offered no explanation for the untimeliness in either her opposition to the defendant's motion to dismiss or in her appellate brief. We have reviewed the record and we conclude that the district court's dismissal did not constitute an abuse of discretion. See Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994) (dismissal pursuant to Fed. R. Civ. P. 4(j), predecessor of Rule 4(m), reviewed for abuse of discretion).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

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

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