Asgari v. immigration of phoenix et al

Filing 17

ORDER: The Phoenix Municipal Court Judgment and Sentence Order (ECF No. 16 ) is 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." (ECF No. 14 at 1). The Complaint (ECF No. 1 ) remains Dismissed. Signed by Judge William Q. Hayes on 04/19/2018.(All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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HAMID ASGARI,

Case No.: 17-cv-1759-WQH-BGS
Plaintiff,

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v.

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ORDER

IMMIGRATION OF PHOENIX,
IMMIGRATION OF
CALIFORNIA, HOMELAND
SECURITY (AZ), POLICE OF
PHOENIX, and FBI (AZ),

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Defendants.

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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:

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[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.

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(ECF No. 13 at 2). On March 5, 2018, the Court issued an Order dismissing the Complaint

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without prejudice on the grounds that “Plaintiff ha[d] filed neither proof that service of the

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Amended Summons and Complaint was timely effectuated nor a declaration showing good

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cause for failure to timely effect service upon the Defendants.” (ECF No. 14 at 1).

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17-cv-1759-WQH-BGS

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On April 18, 2018, Asgari filed a Phoenix Municipal Court Judgment and Sentence

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Order (ECF No. 16). The Phoenix Municipal Court Judgment and Sentence Order (ECF

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No. 16) is neither “proof that service of the Amended Summons and Complaint was timely

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effectuated nor a declaration showing good cause for failure to timely effect service upon

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the Defendants.” (ECF No. 14 at 1). The Complaint (ECF No. 1) remains DISMISSED.

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Dated: April 19, 2018

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17-cv-1759-WQH-BGS