Opinion
24-cv-02792-SK
08-08-2024
FATMA KURT, Plaintiff, v. ALEJANDRO MAYORKAS, et al., Defendants.
ORDER TO SHOW CAUSE
SALLIE KIM UNITED STATES MAGISTRATE JUDGE
On May 9, 2024, Plaintiff Fatma Kurt, who is proceeding without an attorney, filed a complaint for writ of mandamus against the Secretary of the Department of Homeland Security Alejandro Mayorkas, the United States Citizenship and Immigration Services Director Christopher Wray, and the Direct of the San Francisco District Office John Kramar. (Dkt. No. 1.) On May 16, 2024, Plaintiff filed a form stating that she consented to the jurisdiction of a federal magistrate judge. (Dkt. No. 3.) Since then, there has been no activity on the docket, including proof of service.
Under the Federal Rules of Civil Procedure, there is a time limit for effectuating service of a complaint. Fed.R.Civ.P. 4(m). Specifically, “[i]f a defendant is not served within 90 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time.” Id. However, if a “plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.” Id.
Given that Plaintiff is proceeding without an attorney, the Court has determined to issue an Order to Show Cause before issuing a sua sponte order of reassignment with a recommendation of dismissal. Accordingly, Plaintiff is HEREBY ORDERED to Show Cause in writing by no later than August 30, 2024, why this case should not be dismissed for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff should discuss any attempts she has made in effectuating service and whether she requires more time.
The Court also takes this time to ADVISE Plaintiff that the District Court has produced a guide for pro se litigants called Representing Yourself in Federal Court: A Handbook for Pro Se Litigants, which provides instructions on how to proceed at every stage of your case, including discovery, motions, and trial. It is available electronically online (https://perma.cc/ANQ4-N2ZT) or in hard copy free of charge from the Clerk's Office. The Court additionally has a website with resources for pro se litigants (https://perma.cc/6NL7-U9U7). The Court further advises Defendant that she also may wish to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-782-8982 or email fedpro@sfbar.org for a free appointment with an attorney who may be able to provide basic legal help, but not legal representation.
IT IS SO ORDERED.