(PS) Ali et al v. San Francisco Asylum Office et al

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 3/5/2025. Plaintiffs are ORDERED to Show Cause in writing, no later than 3/14/2025, why this action should not be dismissed for failure to prosecute. (Deputy Clerk LMS)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MOHAMEDSALEEM MUBARAK ALI
and PARVEEN BANU MOHAMMED
BABU,

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Plaintiffs,

No. 2:24-cv-0654 DJC AC

ORDER TO SHOW CAUSE

v.
SAN FRANCISCO ASYLUM OFFICE
and UNITED STATES CITIZENSHIP
AND IMMIGRATION SERVICE,
Defendants.

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Plaintiffs, appearing in pro se, filed a complaint and moved to proceed in forma pauperis

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pursuant 28 U.S.C. § 1915. ECF Nos. 1, 2. The court granted the motion to proceed with IFP

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status and, on May 20, 2024, directed plaintiffs to submit service documents to the court within

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15 days. ECF No. 3. Plaintiffs did not initially submit their service documents and on August 22,

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2024, the undersigned issued an Order to Show Cause why the case should not be dismissed for

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failure to prosecute. ECF No. 6. Plaintiffs responded (ECF No. 7) and submitted service

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documents (ECF No. 9, 11). However, on February2, 2025, the summons to defendant USCIS

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was returned unexecuted by the Marshals Service. ECF No. 13. Nothing was filed regarding the

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San Francisco Asylum Office.

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Upon review of summons that was returned unexecuted, it is apparent that plaintiffs did

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not provide the proper information needed for the Marshals Service to complete service. ECF

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No. 13. Federal Rule of Civil Procedure 4(i) outlines the rule for serving the United States, as

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well as its agencies and employees. The Rule requires a plaintiff to take three steps:

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(A)(i) deliver a copy of the summons and of the complaint to the
United States attorney for the district where the action is brought—
or to an assistant United States attorney or clerical employee whom
the United States attorney designates in a writing filed with the court
clerk—or (ii) send a copy of each by registered or certified mail to
the civil-process clerk at the United States attorney’s office;

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(B) send a copy of each by registered or certified mail to the Attorney
General of the United States at Washington, D.C.; and
(C) if the action challenges an order of a nonparty agency or officer
of the United States, send a copy of each by registered or certified
mail to the agency or officer.

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Fed. R. Civ. P. 4(i). The Attorney General has designated the Assistant Attorney General for

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Administration, Justice Management Division, to accept service of summonses and complaints.

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28 C.F.R. § 0.77(j). The U.S. Department of Justice is located at 950 Pennsylvania Avenue, NW,

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Washington, DC 20530-0001. The agency USCIS can be served at the Office of the Chief

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Counsel, 5900 Capital Gateway Drive, Mail Stop 2120, Camp Springs, MD 20588-000. The

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United States Attorney’s Office can be served at Civil Process Clerk for the United States

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Attorney’s Office, Fresno: Robert E. Coyle United States Courthouse, 2500 Tulare Street, Suite

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4401, Fresno, CA, 93721.

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It is apparent the plaintiffs have not followed the instructions in Rule 4(i). Accordingly,

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plaintiffs are ORDERED to properly complete service. Plaintiffs must re-submit corrected

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service documents to the U.S. Marshals Service and file a notice with the court no later than

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March 14, 2025. Local Rule 110 provides that failure to comply with court orders or the Local

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Rules may be grounds for imposition of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.

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Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiffs are Ordered to Show Cause in writing, no later than March 14, 2025, why this
action should not be dismissed for failure to prosecute;
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2. Plaintiffs’ filing of proper proofs of service upon defendants will be deemed good cause
shown; and
3. If plaintiffs fail to comply with this order, the case will be dismissed without prejudice for
failure to prosecute.
DATED: March 5, 2025

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