Legal Opinion

Eric David Boudette v. John Barnette, Police Officer James Vaughn, Police Officer

Court of Appeals for the Ninth Circuit

Decided January 22, 1991No. 89-16716PublishedCited by 280 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Eric D. Boudette appeals the dismissal of his action for failure to serve the complaint within 120 days after its filing, as required by Federal Rules of Civil Procedure 4©. Boudette contends that the district court abused its discretion in dismissing his action because he could not show good cause for ■ his failure to comply' with Rule 4(j). We affirm.

This is the second time that Boudette has had an action making similar allegations dismissed for failure to comply with Fed.R. Civ.P. 4(j). After his first action was dismissed on January 19, 1989, Boudette lodged a second…

2Cases cited6 opinions

  1. Shihshu Walter Wei v. State of HawaiiCourt of Appeals for the Ninth Circuit · 1985
  2. Ira L. Hart v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  3. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  4. Sylvia P. Fimbres Abel Fimbres Frank Armijo, Sr. v. United StatesCourt of Appeals for the Ninth Circuit · 1987
  5. United States ex rel. DeLoss v. Kenner General Contractors Inc.Court of Appeals for the Ninth Circuit · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by280 opinions

  1. Olsen v. MapesCourt of Appeals for the Tenth Circuit · 2003
  2. Andrew John Walker, Plaintiff-Appellant-Cross-Appellee v. George W. Sumner, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1994
  3. In Re: Michael W. Sheehan Wilhelmina Sheehan, Debtors. Yoji Oyama v. Michael W. Sheehan Wilhelmina SheehanCourt of Appeals for the Ninth Circuit · 2001
  4. Lemoge v. United StatesCourt of Appeals for the Ninth Circuit · 2009
  5. Leland Wheeler v. City of Santa ClaraCourt of Appeals for the Ninth Circuit · 2018

275 more not listed; retrieve them via the Exa API.

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