O'Brien v. Visa USA, Inc.
This text of 225 F. App'x 677 (O'Brien v. Visa USA, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM
Edward Michael O’Brien appeals pro se from the district court’s order dismissing for failure to prosecute his action against various financial institutions. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion, Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir.2001), and we affirm.
O’Brien contends the district court abused its discretion by dismissing his action for failure to prosecute. This contention is unpersuasive because O’Brien did not establish that he served process on any defendant within 120 days of filing his complaint. See Fed.R.Civ.P. 4(m) (providing a plaintiff with 120 days to serve process); see also Fed.R.Civ.P. 4(h)(1) (describing the manner of effecting proper service upon a corporation).
O’Brien’s remaining contentions are also unpersuasive.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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225 F. App'x 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-visa-usa-inc-ca9-2007.