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Category:Indian action comedy films26 F.3d 126
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.Darrell VON GEBHARDT, Plaintiff-Appellant,v.Donna E. SHALALA, Defendant-Appellee.
No. 93-15447.
United States Court of Appeals, Ninth Circuit.
Submitted May 24, 1994.*Decided June 7, 1994.
Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges.
1
MEMORANDUM**
2
Darrell Von Gehhardt appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action against Secretary of Health and Human Services Donna Shalala. Von Gehhardt contends that the district court erred by dismissing his action without first ordering service of process on Shalala. We have jurisdiction under 28 U.S.C. Sec. 1291. We review de novo, McGuckin v. Smith, 974 F.2d 1050, 1055 (9th Cir.1992), and affirm.
3
On April 29, 1991, the district court dismissed Von Gehhardt's complaint with prejudice for failure to effect service on Shalala. On May 31, 1991, the district court granted Von Gehhardt's request to extend time for service until June 28, 1991, and to allow him to file a memorandum regarding service on June 28, 1991. On June 28, 1991, Von Gehhardt filed a memorandum which stated that he had served Shalala at the Social Security Administration office in Seattle. Nevertheless, the district court dismissed Von Gehhardt's action on August 5, 1991.
4
"The district court may dismiss a complaint only if it appears beyond doubt that the plaintiff can prove no set be359ba680
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