Mweru et al v. United States of America et al

Filing 10

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

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 LILLIAN MWERU AND ELIZABETH NYAMBURA, 11 Plaintiffs, CASE NO. C17-1497-MJP ORDER DENYING MOTION FOR RECONSIDERATION 12 v. 13 14 UNITED STATES OF AMERICA, et al., Defendants. 15 16 THIS MATTER comes before the Court on Plaintiffs’ Motion for Reconsideration of 17 Dismissal. (Dkt. No. 9.) Having reviewed the Motion and all related papers, the Court DENIES 18 the Motion. 19 Plaintiffs filed this case on October 5, 2017, alleging that the United States Citizenship 20 and Immigration Service (“USCIS”) wrongfully denied them lawful permanent resident status. 21 (Dkt. No. 1.) On December 6, 2017, the Court ordered the parties to file a Joint Status Report 22 (“JSR”) no later than January 17, 2018. (Dkt. No. 2.) After no JSR was filed, the Court 23 extended the deadline to February 2, 2018. (Dkt. No. 3.) On the day the JSR was due, Plaintiffs 24 ORDER DENYING MOTION FOR RECONSIDERATION - 1 1 filed an affidavit of service and an amended complaint stating that they were unable to comply 2 with the Court’s order regarding the JSR because “Defendants have filed no response.” (Dkt. 3 No. 4.) On February 16, 2018, the Court dismissed the case due to the parties’ failure to file a 4 JSR. (Dkt. No. 8.) 5 Motions for reconsideration are disfavored and are ordinarily denied “in the absence of a 6 showing of manifest error in the prior ruling or a showing of new facts or legal authority which 7 could not have been brought to its attention earlier with reasonable diligence.” See LCR 7(h)(1). 8 Plaintiffs’ motion does not provide the Court with sufficient justification for reconsideration. 9 Even giving pro se plaintiffs the benefit of any doubt, see Karim-Panahi v. Los Angeles Police 10 Dept., 839 F.2d 621, 623 (9th Cir. 1988), they failed to file proper procedures for serving their 11 complaint or complying with the Court’s Orders regarding the JSR. Further, reconsideration in 12 this case would be futile, as the Court does not have jurisdiction in the first instance to hear what 13 is effectively an appeal of an unfavorable determination regarding Plaintiff’s immigration 14 application. See 8 C.F.R. 245.3; § 103.3 (appellate jurisdiction for denial of application or 15 petition lies with Board of Immigration Appeals or the USCIS Administrative Appeals Office). 16 Therefore, the Court DENIES the Motion. The dismissal entered on February 16, 2017 17 remains in effect. 18 The clerk is ordered to provide copies of this order to all counsel. 19 Dated March 8, 2018. 21 A 22 Marsha J. Pechman United States District Judge 20 23 24 ORDER DENYING MOTION FOR RECONSIDERATION - 2

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