Orozco et al v. Holder et al

Filing 6

ORDER This matter is before the Court on Defendants Response To Order To Show Cause 5 . Upon review of the file, the Court FINDS and ORDERS as follows: The Courts Order To Show Cause 4 is DISCHARGED; Plaintiffs Motion for Entry of Default 3 is DENIED due to Plaintiffs failure to demonstrate proper service pursuant to Rule 4(i), Fed.R.Civ.P.; Plaintiffs Motion for TRO 2 is DENIED WITHOUT PREJUDICE, for failure to prosecute. by Judge Christine M. Arguello on 8/28/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 09-cv-00370-CMA-MJW JOSE OROZCO; RAFAELA OROZCO; ANAHI OROZCO SALCIDO; and EVER OROZCO SALCIDO, Plaintiffs, v. ERIC HOLDER, Attorney General of the United States, JANET NAPOLITANO, Secretary for the Department of Homeland Security ("DHS"), MICHAEL AYTES, Acting Director for United States Citizenship and Immigration Services ("CIS"), ROBERT MATHER, District Director for the Denver CIS District, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, and UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendants. ORDER REGARDING MOTION FOR ENTRY OF DEFAULT This matter is before the Court on Defendants' Response To Order To Show Cause (Doc. # 5). Upon review of the file, the Court FINDS and ORDERS as follows: 1) 2) The Court's Order To Show Cause (Doc. # 4) is DISCHARGED; Plaintiff's Motion for Entry of Default (Doc. # 3) is DENIED due to Plaintiff's

failure to demonstrate proper service pursuant to Rule 4(i), Fed.R.Civ.P.; 3) Plaintiff's Motion for TRO (Doc. # 2) is DENIED WITHOUT PREJUDICE,

for failure to prosecute.

IT IS FURTHER ORDERED that Plaintiff shall make proper service in accordance with F.R.Civ.P. 4(i) no later than September 28, 2008, or this case will be dismissed. DATED: August 28 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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