NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KENNETH B. QUANSAH, Jr., No. 17-16244
Plaintiff-Appellant, D.C. No. 5:16-cv-05667-EJD
v.
MEMORANDUM*
DEL CORONADO APARTMENTS; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Edward J. Davila, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Kenneth B. Quansah, Jr. appeals pro se from the district court’s judgment
dismissing his action for failure to effect proper service of the summons and
complaint under Federal Rule of Civil Procedure 4(m). We have jurisdiction under
28 U.S.C. § 1291. We review for an abuse of discretion, Oyama v. Sheehan (In re
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Sheehan), 253 F.3d 507, 511 (9th Cir. 2001), and we affirm.
The district court did not abuse its discretion by dismissing Quansah’s action
because Quansah failed to effect proper service of the summons and complaint and
did not demonstrate good cause for failing to serve properly, despite being given
notice and an opportunity to do so. See Fed. R. Civ. P. 4(m) (outlining
requirements for proper service, and explaining that district court may dismiss an
action for failure to serve “after notice to the plaintiff”); In re Sheehan, 253 F.3d at
512 (discussing Rule 4(m)’s “good cause” standard).
Quansah’s request for attorney’s fees, set forth in his opening brief, is
denied.
AFFIRMED.
2 17-16244