De’marian A. Clemons v. Robert Clinton Hayes, M.d.;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DE’MARIAN A. CLEMONS,
Plaintiff - Appellant,
v.
ROBERT CLINTON HAYES, M.D.; et
al.,
Defendants - Appellees.
No. 13-15679
D.C. No. 2:10-cv-01163-KJD-
GWF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Kent J. Dawson, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Nevada state prisoner De’Marian A. Clemons appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs while he was a pretrial detainee. We have
FILED
MAR 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a
dismissal for failure to complete service in a timely manner. Oyama v. Sheehan (In
re Sheehan), 253 F.3d 507, 511 (9th Cir. 2001). We affirm.
The district court did not abuse its discretion in dismissing Clemons’s action
without prejudice because Clemons failed to effect proper service of the summons
and complaint. See Fed. R. Civ. P. 4(e), (m) (describing proper methods for
service of process on an individual and requiring service within 120 days after the
complaint is filed); Nev. R. Civ. P. 4(d)(6) (setting forth requirements of service on
individuals under Nevada state law); In re Sheehan, 253 F.3d at 512.
The district court did not abuse its discretion by denying Clemons’s motion
for reconsideration because Clemons failed to establish grounds for such relief.
See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63
(9th Cir. 1993) (setting forth the standard of review and grounds for
reconsideration).
AFFIRMED.
13-15679 2

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