Asgari v. immigration of phoenix et al

Filing 14

ORDER: The record reflects that Plaintiff has filed neither proof that service of the Amended Summons and Complaint was timely effectuated nor a declaration showing good cause for failure to timely effect service upon the Defendants. It is hereby Ordered that this action is dismissed without prejudice. Signed by Judge William Q. Hayes on 03/05/2018.(All non-registered users served via U.S. Mail Service)(ajs)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 HAMID ASGARI, Case No.: 17-cv-1759-WQH-BGS Plaintiff, 11 12 v. 13 ORDER IMMIGRATION OF PHOENIX, IMMIGRATION OF CALIFORNIA, HOMELAND SECURITY (AZ), POLICE OF PHOENIX, and FBI(AZ), 14 15 16 Defendants. 17 18 19 20 21 HAYES, Judge: On August 31, 2017, Plaintiff Hamid Asgari initiated this action by filing the Complaint (ECF No. 1). On January 29, 2018, the Court issued an Order stating: 25 [T]he Court will dismiss this action against all Defendants without prejudice on March 2, 2018 unless, no later than that date, Plaintiff files either (1) proof that service of the Amended Summons and Complaint was timely effectuated or (2) a declaration under penalty of perjury showing good cause for failure to timely effect service upon the Defendants accompanied by a motion for leave to serve process outside of the 90-day period. 26 (ECF No. 13 at 2). The record reflect that Plaintiff has filed neither proof that service of 27 the Amended Summons and Complaint was timely effectuated nor a declaration showing 28 good cause for failure to timely effect service upon the Defendants. 22 23 24 1 17-cv-1759-WQH-BGS 1 2 IT IS HEREBY ORDERED that this action is dismissed without prejudice. Dated: March 5, 2018 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17-cv-1759-WQH-BGS

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