Nasser Iranikhah v. U.S. Citizenship and Immigration
8:24-cv-02752
C.D. Cal.Apr 14, 2025Background
- Plaintiff Nasser Iranikhah filed a case against U.S. Citizenship and Immigration Services and Department of Homeland Security related to administrative processing of a green card application.
- Plaintiff failed to file proof of service on the defendants within the 90-day deadline under Fed. R. Civ. P. 4(m).
- The court twice issued Orders to Show Cause (OSC) warning that failure to respond or file proof of service could result in dismissal.
- Mail to Plaintiff was initially returned and then resent, but Plaintiff still did not respond by the deadlines provided by the court.
- The court evaluated dismissal based on five factors: expeditious litigation, docket management, prejudice to defendants, alternatives to dismissal, and public policy favoring adjudication on the merits.
- Ultimately, the court found dismissal without prejudice appropriate due to Plaintiff’s inaction and failure to comply with court orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to prosecute and comply with order | No response or filing given | No response or filing given | Dismissed without prejudice for failure to prosecute and comply with order |
| Failure to file proof of service within 90 days | No response or filing given | No response or filing given | Dismissed without prejudice under Fed. R. Civ. P. 4(m) |
| Appropriateness of less drastic alternatives | N/A | N/A | Court provided warnings and ample opportunity, so dismissal proper |
| Public policy favoring disposition on merits | N/A | N/A | Neutral, outweighed by Plaintiff’s lack of prosecution |
Key Cases Cited
- Oliva v. Sullivan, 958 F.2d 272 (9th Cir. 1992) (district courts have inherent power to control their dockets and may dismiss for failure to prosecute)
- Yourish v. California Amplifier, 191 F.3d 983 (9th Cir. 1999) (factor of docket management and noncompliance supports dismissal)
- Pagtalunan v. Galaza, 291 F.3d 639 (9th Cir. 2002) (five-factor test for dismissal for failure to prosecute)
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (warnings to party fulfill alternative consideration; supports dismissal)