Phan v. USCIS Field Office Director

Filing 6

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. Show Cause Hearing set for 6/3/2014 at 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 5/20/2014. (hrllc1, COURT STAFF) (Filed on 5/20/2014)

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1 *E-Filed: May 20, 2014* 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 For the Northern District of California NOT FOR CITATION 8 United States District Court 7 SAN JOSE DIVISION 11 LIEN QUY PHAN, Plaintiff, 12 v. No. C14-00221 HRL ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE 13 USCIS FIELD OFFICE DIRECTOR, 14 15 16 Defendant. ____________________________________/ Plaintiff Lien Quy Phan filed a complaint on January 14, 2014 seeking judicial review of the 17 denial of his naturalization application by the United States Citizenship and Immigration Service 18 (USCIS). See Dkt. No. 1. The initial case management conference was set for May 20, 2014. See 19 Dkt. No. 3. A clerk’s notice was issued reminding Phan to file a consent or declination to proceed 20 before a magistrate judge. See Dkt. No. 4. Phan has yet to file a consent or declination to proceed 21 before a magistrate judge, and he did not submit a case management statement or appear at the case 22 management conference. Additionally, it does not appear that Phan has properly served the 23 defendant as a summons has not been issued, and the 120-day period for doing so has already run. 24 Accordingly, Phan is now ORDERED to appear on June 3, 2014, at 10:00 a.m. in Courtroom 2, 25 Fifth Floor, United States District Court, 280 S. First Street, San Jose, CA 95113, to show cause, if 26 any, why this case should not be dismissed for failure to prosecute. 27 28 IT IS SO ORDERED. Dated: May 20, 2014 1 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 2 3 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 C14-00221 HRL Notice will be mailed to: 2 Teresa Thu Huong Nguyen-Hung 3 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. lsthuhuong@gmail.com 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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