Kulick v. United States Internal Revenue Service

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 25 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT R. J. KULICK, No. 24-2462 D.C. No. 2:23-cv-09336-FMO-BFM Plaintiff - Appellant, v. MEMORANDUM* UNITED STATES INTERNAL REVENUE SERVICE; UNITED STATES DEPARTMENT OF THE TREASURY; DOES, 1-100, Inclusive, Defendants - Appellees. Appeal from the United States District Court for the Central District of California Fernando M. Olguin, District Judge, Presiding Submitted February 18, 2025** Before: SILVERMAN, WARDLAW, and DESAI, Circuit Judges. R. J. Kulick appeals pro se from the district court’s judgment dismissing his action alleging various federal claims. We have jurisdiction under 28 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 1291. We review for an abuse of discretion a dismissal for failure to serve the summons and complaint under Federal Rule of Civil Procedure 4(m). Oyama v. Sheehan (In re Sheehan), 253 F.3d 507, 511 (9th Cir. 2001). We affirm. The district court did not abuse its discretion by dismissing Kulick’s action without prejudice because Kulick failed to effect proper service of the summons and complaint, despite being given notice and an opportunity to do so, and Kulick did not establish good cause for his failure to serve. See Fed. R. Civ. P. 4(a)-(c) (setting forth requirements for service of process, including that the summons must be served with a copy of the complaint); Fed. R. Civ. P. 4(m) (explaining that district court may dismiss for failure to serve after providing notice and absent a showing of good cause). We reject as unsupported by the record Kulick’s contentions that the district judge was biased against him or denied him equality, fairness, and due process. AFFIRMED. 2 24-2462