FILED
NOT FOR PUBLICATION JUN 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN C. MONTUE, No. 08-15924
Plaintiff - Appellant, D.C. No. 2:06-CV-01276-MCE-
GGH
v.
TERESA A. SCHWARTZ; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
John C. Montue, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to serve the
complaint in a proper manner. We have jurisdiction under 28 U.S.C. § 1291. We
review for an abuse of discretion, Oyama v. Sheehan (In re Sheehan), 253 F.3d
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
507, 511 (9th Cir. 2001), and we affirm.
The district court did not abuse its discretion by dismissing the action, after
granting two extensions of time and issuing an order to show cause, because
Montue failed to serve the summonses and complaint in a proper manner, and
failed to show good cause for his failure to do so. See Fed. R. Civ. P. 4(m)
(requiring service within 120 days after the complaint is filed); In re Sheehan, 253
F.3d at 512-13 (discussing good cause standard); see also Fed. R. Civ. P. 4(c) - (e),
(j) (describing proper methods for service of process).
The district court did not abuse its discretion by denying Montue’s request
for appointment of counsel because Montue failed to demonstrate exceptional
circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991).
Montue’s remaining contentions, including those concerning the preliminary
injunction, are unpersuasive.
Montue’s request for appointment of counsel on appeal, set forth in his
opening brief, is denied.
AFFIRMED.
2 08-15924