Tagle v. Dept of Homeland Security

Filing 34

ORDER that Tagle has until December 1, 2017 to file a second amended complaint. Signed by Magistrate Judge Cam Ferenbach on 10/31/17. (Copies have been distributed pursuant to the NEF - MMM)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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VICTOR TAGLE,
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Plaintiff,
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Case No. 2:15-cv-02506-APG-VCF

vs.
DEPARTMENT OF HOMELAND SECURITY,

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ORDER

Defendant.

AMENDED COMPLAINT (ECF NO. 19)

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Before the Court is Victor Tagle’s amended complaint. (ECF No. 19). The Court hereby orders
Tagle to submit a second amended complaint to address issues as discussed below.
On May 3, 2016, the Court ordered that Tagle had until June 3, 2016 to file an amended complaint
alleging:
that he previously submitted an application for naturalization to the Attorney General
under 8 U.S.C. § 1445(a), and either:
(1) that application was denied (and the reason for that denial) after a hearing with an
immigration officer under 8 U.S.C. § 1447(a), and Tagle seeks review of that denial
under 8 U.S.C. § 1421(c); or
(2) the Attorney General has not made a determination, more than 120 days have passed
since the examination required under § 1446, and Tagle requests this court to determine
the matter under 8 U.S.C. § 1447(b).
(ECF No. 15 at 2).

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On May 23, 2016, Tagle filed an amended complaint. (ECF No. 19). Tagle alleges that on March

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31, 2016 he “sent a petition to the U.S. Attorney General.” (Id. at 2). Tagle also sent a “petition to the

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Governor” who would, allegedly, forward it to the Nevada Attorney General. (Id.). As of the filing of

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the amended complaint, Tagle had not received any response to his “petitions.” (Id.).

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Tagle filed his amended complaint less than two months after submitting a “petition” to the
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Attorney General. When Tagle filed his amended complaint, he was unable to assert either that his

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application for naturalization had been denied or that the Attorney General had failed to make a

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determination on the application within the 120-day period specified in 8 U.S.C. § 1447. The 120-day

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period has now passed. Therefore, the Court now orders Tagle to submit a second amended complaint

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stating (1) whether his “petition” was an application for naturalization and (2) whether the Attorney

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General has denied the application or failed to make a determination.

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ACCORDINGLY, and for good cause,

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IT IS ORDERED that Tagle has until December 1, 2017 to file a second amended complaint

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addressing the issues discussed above.

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NOTICE
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Pursuant to Local Rule IB 3-1, any objection to this Order must be in writing and filed with the
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Clerk of the Court within 14 days. The Supreme Court has held that the courts of appeal may determine
that an appeal has been waived due to the failure to file objections within the specified time. See Thomas

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v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections within the

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specified time and (2) failure to properly address and brief the objectionable issues waives the right to

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appeal the District Court’s order and/or appeal factual issues from the order of the District Court. Martinez

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v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th

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Cir. 1983).
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IT IS SO ORDERED.
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DATED this 31st day of October, 2017.
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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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