Willie Lee Pree, Plaintiff-appellant, v. Cement Masons Pension Trust Fund for Northern Nevada, Etal., Defendants-appellees, 28 F.3d 108 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 28 F.3d 108 (9th Cir. 1994) Submitted May 11, 1994. *Decided May 31, 1994

Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges.


Willie Lee Pree appeals pro se the district court's dismissal without prejudice of his action against Cement Masons Trust Fund. As Pree neither served Cement Masons within 120 days after filing the complaint, nor attempted to show good cause for his failure to do so, the district court properly dismissed the action. See Fed. R. Civ. P. 4(j); Wei v. Hawaii, 763 F.2d 370, 371 (9th Cir. 1985).



The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed. R. App. P. 34(a), Ninth Circuit Rule 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 Ninth Circuit Rule 36-3