FILED
NOT FOR PUBLICATION JAN 28 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DENNIS CHEN, No. 13-56038
Plaintiff - Appellant, D.C. No. 2:12-cv-08409-RGK-
MAN
v.
WESTFIELD MALL, a California MEMORANDUM*
corporation; LORETTA E. LYNCH,
Attorney General,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
R. Gary Klausner, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Dennis Chen appeals from the district court’s order dismissing his 42 U.S.C.
§ 1983 action alleging federal and state law claims arising from interference with
his right to travel. We have jurisdiction under 28 U.S.C. § 1291. We review for an
*
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).
abuse of discretion a dismissal for failure to serve a summons and complaint in a
timely manner. Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir.
2001). We affirm.
The district court did not abuse its discretion by dismissing Chen’s action
because Chen failed to show good cause as to why he did not timely serve
defendants. See id. at 512 (explaining good cause standard). Moreover, the district
court did not abuse its discretion in refusing to extend the service period. See id. at
513 (the district court has broad discretion to extend time for service or dismiss
without prejudice).
We treat the dismissal of Chen’s action as without prejudice. See Fed. R.
Civ. P. 4(m).
AFFIRMED.
2 13-56038