Court of Appeals for the Ninth Circuit March 2, 2007, No. 04-17166 (Corbett v. Manorcare, Inc.)

BYBEE, Circuit Judge,

dissenting in part:

I would affirm the district court judgment dismissing Corbett’s suit against ManorCare. Although the district court cited the wrong version of Fed.R.Civ.P. 4, there is no good explanation for the plaintiffs failure to serve the proper parties, and, accordingly, the district court did not abuse its discretion.