MohamedSaleem Mubarak Ali and Parveen Banu Mohammed Babu v. San Francisco Asylum Office and United States Citizenship and Immigration Service

Summary

The United States District Court for the Eastern District of California dismissed the action without prejudice for failure to prosecute and failure to comply with a court order requiring service. The court relied on Federal Rule of Civil Procedure 41(b), Local Rule 110, and the factors identified in Ferdik v. Bonzelet, and directed the Clerk to close the case.

Holdings

1. Dismissal without prejudice was appropriate because plaintiffs failed to comply with the court's order and failed to effectuate service after being given additional time to do so.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute and failure to comply with a court order when plaintiffs failed to effectuate service after receiving an additional 21 days to comply.

Disposition

dismissed