Mweru et al v. United States of America et al
ORDER denying Plaintiffs' 9 Motion for Reconsideration. The dismissal entered on February 16, 2017 remains in effect. Signed by Judge Marsha J. Pechman. (PM) cc: plaintiffs via first class mail
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
LILLIAN MWERU AND
CASE NO. C17-1497-MJP
ORDER DENYING MOTION FOR
UNITED STATES OF AMERICA, et
THIS MATTER comes before the Court on Plaintiffs’ Motion for Reconsideration of
Dismissal. (Dkt. No. 9.) Having reviewed the Motion and all related papers, the Court DENIES
Plaintiffs filed this case on October 5, 2017, alleging that the United States Citizenship
and Immigration Service (“USCIS”) wrongfully denied them lawful permanent resident status.
(Dkt. No. 1.) On December 6, 2017, the Court ordered the parties to file a Joint Status Report
(“JSR”) no later than January 17, 2018. (Dkt. No. 2.) After no JSR was filed, the Court
extended the deadline to February 2, 2018. (Dkt. No. 3.) On the day the JSR was due, Plaintiffs
ORDER DENYING MOTION FOR RECONSIDERATION - 1
filed an affidavit of service and an amended complaint stating that they were unable to comply
with the Court’s order regarding the JSR because “Defendants have filed no response.” (Dkt.
No. 4.) On February 16, 2018, the Court dismissed the case due to the parties’ failure to file a
JSR. (Dkt. No. 8.)
Motions for reconsideration are disfavored and are ordinarily denied “in the absence of a
showing of manifest error in the prior ruling or a showing of new facts or legal authority which
could not have been brought to its attention earlier with reasonable diligence.” See LCR 7(h)(1).
Plaintiffs’ motion does not provide the Court with sufficient justification for reconsideration.
Even giving pro se plaintiffs the benefit of any doubt, see Karim-Panahi v. Los Angeles Police
Dept., 839 F.2d 621, 623 (9th Cir. 1988), they failed to file proper procedures for serving their
complaint or complying with the Court’s Orders regarding the JSR. Further, reconsideration in
this case would be futile, as the Court does not have jurisdiction in the first instance to hear what
is effectively an appeal of an unfavorable determination regarding Plaintiff’s immigration
application. See 8 C.F.R. 245.3; § 103.3 (appellate jurisdiction for denial of application or
petition lies with Board of Immigration Appeals or the USCIS Administrative Appeals Office).
Therefore, the Court DENIES the Motion. The dismissal entered on February 16, 2017
remains in effect.
The clerk is ordered to provide copies of this order to all counsel.
Dated March 8, 2018.
Marsha J. Pechman
United States District Judge
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