What is the test for a Rule 4 dismissal for failure to serve process?
MultiRegion, United States of America
The following excerpt is from Arndt v. Napolitano, No. 10-5244-cv (2nd Cir. 2012):
"We review for an abuse of discretion a district court's Rule 4(m) dismissal for failure to serve process." Zapata v. City of New York, 502 F.3d 192, 195 (2d Cir. 2007). Rule 4 provides, in relevant part:
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