Eiselin

Eiselin v. USCIS San Diego

Good Law
United States District Court, Southern District of CaliforniaFebruary 22, 20243:23-cv-01961California2,010 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LOUIS EISELIN, Case No.: 23-CV-1961 JLS (AHG)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

USCIS SAN DIEGO, (ECF No. 5) Defendant. 16 Presently before the Court is Defendant United States Citizenship and Immigration Services’ (“Defendant” or “USCIS”) Motion to Dismiss Plaintiff’s Complaint (“Mot.,” ECF No. 5). Plaintiff Louis Eiselin, who is proceeding pro se, did not file a response. For the reasons below, the Court GRANTS Defendant’s Motion. / / / 22 23 24 1 A district court may, pursuant to a local rule, grant a motion to dismiss for failure to respond. See Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per curiam). Here, a local rule allows the Court to grant the Motion as unopposed. See CivLR 7.1(f)(3)(c). But before dismissing an action on those grounds, the Court must consider, among other factors, the “availability of less drastic sanctions.” Ghazali, 46 F.3d at 53…

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