(PS)Zhang

(PS)Zhang v. U.S. Citizenship and Immigration Services

Good Law
United States District Court, Eastern District of CaliforniaFebruary 18, 20252:24-cv-01420California472 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YIRAN ZHANG, Case No. 2:24-cv-1420-DJC-JDP (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS U.S. CITIZENSHIP AND

IMMIGRATION SERVICES,

15 Defendant. 16 On May 20, 2024, plaintiff filed this action his action against defendant U.S. Citizenship and Immigration Services (“USCIS”) and paid the required filing fee. Plaintiff subsequently filed a proof of service, ECF No. 5, and a motion for default judgment, ECF No. 7. Plaintiff’s proof of service failed to demonstrate that defendant USCIS was properly served in accordance with Federal Rule of Civil Procedure 4(i). See ECF No. 5. Accordingly, on January 14, 2025, I recommended that plaintiff’s motion for default be denied and ordered plaintiff to show cause, within fourteen days, why this action should not be dismissed for failure to timely serve defendant. ECF No. 10; see Fed. R. Civ. P. 4(m) (“If a defendant is not served within 90 days after the complaint is filed, the court—on…

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