Wang

Wang v. Secretary of the Department of Homeland Security Alejandro Mayorkas

Good Law
United States District Court, Southern District of CaliforniaNovember 23, 20213:21-cv-01068California1,594 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BIJUN WANG Case No. 21-cv-01068-BAS-KSC

Plaintiff,

ORDER DISMISSING ACTION FOR

v. FAILURE TO SHOW CAUSE

ALEJANDRO MAYORKAS, et al.,

Defendants. 16 Approximately 168 days have passed since Plaintiff filed this action, yet Plaintiff still has not shown proof that she effectuated service upon Defendants in accordance with Federal Rule of Civil Procedure (“Rule”) 4(m). (Pet., ECF No. 1.) Plaintiff is in default not only of Rule 4(m), but also of this Court’s Order to Show Cause why this action should not be dismissed for failure to prosecute pursuant to Rule 41(b) (“OSC”), which functionally enlarged nearly twofold Plaintiff’s deadline to submit proof of service and that was met only with Plaintiff’s silence. (OSC, ECF No. 3.) Accordingly, for the reasons stated below, this Court exercises its inherent authority to dismiss this action. I. BACKGROUND Plaintiff,…

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