Summary
holding that the district court did not abuse its discretion in dismissing the action without prejudice when plaintiff failed to establish that he had properly effected service within the time provided
Summary of this case from Dale v. MnuchinOpinion
No. 14-1907
12-16-2014
James A. Widtfeldt Plaintiff - Appellant v. James Daugherty, Revenue Officer; Internal Revenue Service; U.S. Treasury Defendants - Appellees
Appeal from United States District Court for the District of Nebraska - Omaha [Unpublished] Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. PER CURIAM.
James Widtfeldt appeals the district court's without-prejudice dismissal of his pro se civil action for failure to prosecute. Upon careful review, we conclude that the district court did not abuse its discretion in dismissing the action without prejudice, because Widtfeldt failed to establish that he had properly effectuated service against defendants within 120 days after filing his complaint. See Fed. R. Civ. P. 4(m); Bullock v. United States, 160 F.3d 441, 442 (8th Cir. 1998) (per curiam) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.
The Honorable Joseph F. Bataillon, United States District Judge for the District of Nebraska.