Ouyang v. Mayorkas ( 2022 )

UNITED STATES DISTRICT COURT DOC #: DATE FILED: 9/2/20 22 SOUTHERN DISTRICT OF NEW YORK YANJUN OUYANG, Plaintiff, -against- ALEJANDRO MAYORKAS in his official capacity as 1:22-cv-3523-MKV Secretary of the U.S. Department of Homeland Security, ORDER OF DISMISSAL UR M. JADDOU in her official capacity as Director, US Citizenship and Immigration Services, and PATRICIA MENGES, in her official capacity as Director, USCIS New York City Asylum Office, Defendants. MARY KAY VYSKOCIL, United States District Judge: Plaintiff initiated this action by filing a complaint on May 1, 2022. [ECF No. 1]. On August 2, 2022, this Court issued an Order directing Plaintiff to serve the summons and Complaint on Defendants on or before September 1, 2022. [ECF No. 2]. The Court warned that if service had not been made by that date, and if Plaintiff failed to show cause why service has not been made, the Complaint would be dismissed for failure to prosecute. [ECF No. 2]. To date, Plaintiff has not filed proof of service or otherwise taken any action to prosecute the case. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court’s calendar if the application to restore the action is made by October 3, 2022. If no such application is made by that date, today’s dismissal of the action is with prejudice. See LeSane v. Hall’s Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)). SO ORDERED. Date: September 2, 2022 wage ci str New York, NY United States District Judge