Sing Cho Ng v. Haggen Inc.

FILED
NOT FOR PUBLICATION JUL 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SING CHO NG, No. 09-35574
Plaintiff - Appellant, D.C. No. 2:08-cv-01160-JCC
v.
MEMORANDUM *
HAGGEN INC.; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
John C. Coughenour, District Judge, Presiding
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Sing Cho Ng appeals pro se from the district court’s judgment dismissing his
Title VII action without prejudice for failure to serve the summons and complaint
in a timely manner. We have jurisdiction under 28 U.S.C. § 1291. We review for
*
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).
an abuse of discretion, Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th
Cir. 2001), and we affirm.
The district court did not abuse its discretion by dismissing Ng’s action,
after granting Ng additional time to serve, because Ng failed to serve the summons
and complaint within that time and failed to show good cause for not doing 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 and the district
court’s broad discretion to extend time for service or to dismiss the action without
prejudice).
The district court did not abuse its discretion in concluding that Ng failed to
demonstrate circumstances that would warrant appointment of counsel. See
Johnson v. U.S. Treasury Dep’t, 27 F.3d 415, 416-17 (9th Cir. 1994) (per curiam)
(standard of review and factors relevant to appointment of counsel).
Ng’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-35574