Juan Camilo Montoya v. Immigration and Naturalization Service

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Juan Camilo MONTOYA, Plaintiff-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Defendant-Appellee. No. 92-56567. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 10, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Juan Camilo Montoya, a federal prisoner, appeals pro se the district court's sua sponte dismissal of his action for failure to prosecute. In his petition for a writ of mandamus, Montoya sought to compel the Immigration and Naturalization Service (INS) to hold an expedited deportation proceeding pursuant to 8 U.S.C. Sec. 1252 (i). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Background 4 On June 24, 1992, the district court accepted Montoya's April 27, 1992 petition for filing and issued a summons. The court informed Montoya that Fed.R.Civ.P. 4(c) required him to serve a copy of the petition…