(PS) Zamanieh Shahi v. USCIS Sacramento Field Office ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEYED SAEID ZAMANIEH SHAHI, No. 2:21-cv-0208 KJM DB PS 12 Plaintiff, 13 v. ORDER 14 USCIS SACRAMENTO FILED OFFICE U.S. DEPARTMENT OF HOMELAND 15 SECURITY, 16 Defendant. 17 18 Plaintiff Seyed Saeid Zamanieh Shahi is proceeding in this action pro se. This matter was 19 referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). 20 Plaintiff commenced this action on February 2, 2021, by filing a complaint and paying the 21 required filing fee. (ECF No. 1.) 22 On April 26, 2021, plaintiff filed a request that simply asks for “permission for ‘Access to 23 Electronically File Documents.’” (ECF No. 7.) Plaintiff’s request, however, makes no reference 24 to plaintiff’s ability to filing documents electronically, willingness to consent to electronic 25 service, or that plaintiff has reviewed this court’s requirements for electronic filing. See generally 26 Local Rules 131, 133, 137, 140, & 141. Plaintiff’s motion, therefore, will be denied without 27 prejudice to filing a renewed motion that acknowledges plaintiff has reviewed the court’s Local 28 Rules and requirements for electronic filing. 1 Also, on March 1, 2021, plaintiff filed a purported proof of service on the defendant. 2 (ECF No. 4.) On April 20, 2021, pursuant to plaintiff’s request, the Clerk entered defendant’s 3 default. (ECF No. 6.) On April 28, 2021, plaintiff filed a motion for default judgment. (ECF No. 4 12.) And on May 20, 2021, plaintiff filed a motion for citizenship. (ECF No. 14.) Plaintiff’s 5 motions, however, were not noticed for hearing in violation of Local Rule 230. Moreover, the 6 motions do not contain legal analysis and are essentially just a collection of exhibits. 7 Most importantly, however, review of plaintiff’s purported proof of service on the 8 defendant reflects that plaintiff attempted to serve the defendant personally and by mail at the 9 USCIS Sacramento Field Office. (ECF No. 4 at 3.) Defendant, however, is an agency of the 10 United States. Rule 4 of the Federal Rules of Civil Procedure provides that to serve an agency of 11 the United States a plaintiff must not only send summons to the agency, but must also: 12 (A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or 13 to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court 14 clerk--or 15 (ii) send a copy of each by registered or certified mail to the civil- process clerk at the United States attorney’s office; 16 (B) send a copy of each by registered or certified mail to the Attorney 17 General of the United States at Washington, D.C.; and 18 (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified 19 mail to the agency or officer. 20 Fed. R. Civ. P. 4(i)(1). 21 On April 28, 2021, Assistant United States Attorney Audrey Hemesath filed an opposition 22 to plaintiff’s motion for default judgment confirming that the “Office of the United States 23 Attorney was not served in this case, nor was the Attorney General[.]” (ECF No. 9 at 1.) “A 24 federal court does not have jurisdiction over a defendant unless the defendant has been served 25 properly under Fed. R. Civ. P. 4.” Direct Mail Specialists, Inc. v. Eclat Computerized 26 Technologies, Inc., 840 F.2d 685, 688 (9th Cir. 1988). 27 //// 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court shall vacate the entry of defendant’s default; 3 2. Plamtiff’s April 26, 2021 motion for electronic filing (ECF No. 7) is denied without 4 | prejudice to renewal; 5 3. Plaintiff’s April 28, 2021 motion for default judgment (ECF No. 12) is denied without 6 || prejudice to renewal; 7 4, Plaitiff’s May 20, 2021 motion for citizenship (ECF No. 14) is denied without 8 || prejudice to renewal; 9 5. Plaintiff is granted sixty days to properly serve the defendant; and 10 6. Plaintiff is cautioned that the failure to timely comply with this order may result in a 11 recommendation that this action be dismissed. 12 | Dated: August 27, 2021 13 14 15 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 DB /onlers/orders.pro se/shahi0208.14(i).ord 27 28