(PS) Starchyk v. US Department of Homeland Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20202:19-cv-01796California791 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VLADISLAV VYACHESLAVOVICH No. 2:19-cv-1796 TLN DB PS

STARCHYK,

12 Plaintiff, FINDINGS AND RECOMMENDATIONS v. U.S. DEPARTMENT OF HOMELAND

SECURITY, U.S. CITIZENSHIP AND

IMMIGRATION SERVICES, Defendants. 18 Plaintiff Vladislav Starchyk is proceeding in this action pro se and in forma pauperis. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On March 30, 2020, the undersigned granted plaintiff’s motion to proceed in forma pauperis. (ECF No. 3.) That same day plaintiff was served with a letter that advised plaintiff that Rule 4(m) of the Federal Rules of Civil Procedure provides that a defendant must be dismissed if service of the summons and complaint is not accomplished on the defendant within 90 days after the complaint was filed. (ECF No. 5.) More than 90 days passed, and the docket failed to reflect proof of service on, or the appearance of, any defendant. …

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