Briggs v. Administrative Office of the United States Courts, et al.
June 26, 2026·3:24-cv-06489-RFL·Unpublished·By Maria Santos
The Ninth Circuit affirmed a district court dismissal of a pro se plaintiff's constitutional claims arising from bankruptcy proceedings. The appellate court held that the dismissal was proper because the plaintiff failed to effect service of the summons and complaint despite receiving notice and opportunities to do so.
Bryan Michael Thomas Briggs, proceeding pro se, appealed a district court judgment dismissing his action alleging constitutional violations related to his bankruptcy proceedings. The appeal challenged the dismissal for failure to serve the summons and complaint.
The court’s reasoning
The panel reviewed the dismissal for an abuse of discretion. The court found that the district court did not abuse its discretion because Briggs failed to effect proper service of the summons and complaint despite being given notice, opportunities, and directives to do so. Additionally, Briggs did not establish good cause for this failure. The court noted that it does not consider arguments and allegations raised for the first time on appeal.
What it means going forward
The decision reinforces that pro se litigants must strictly comply with service requirements under the Federal Rules of Civil Procedure to maintain an action, and failure to do so without good cause will result in dismissal.
