Ajayi v. Alejandro Mayorkas

District Court, S.D. Texas

Ajayi v. Alejandro Mayorkas

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT October 23, 2024 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION OLUSHOLA OLAMIDE AJAYI, § Petitioner, § § v. § § Civil Action No. 4:24-CV-1698 § ALEJANDRO MAYORKAS,SECRETARY § DEPARTMENT OF HOMELAND SECURITY, § ET AL., § Respondents. § MEMORANDUM AND RECOMMENDATION Olushola Olamide Ajayi, who is appearing pro se, filed a Complaint seeking a Writ of Mandamus ordering United States Citizenship and Immigration Services (USCIS)to process hisI-485 Applicationto Register Permanent Residence or Adjust Status and his Form I-360, filed on February 18, 2020.1 ECF 1. On August 9, 2024, Defendants filed an Advisory Regarding Service of Process. ECF 8. On August 13, 2024, the Court ordered Plaintiff must follow the instructions attached to Defendants’ Advisory and complete service on or before September 13, 2024. ECF 9. The Court cautioned Plaintiff that failure to file proof of service on or before September 13, 2024 may result in the Court recommending that this case be

1 The District Judge referred this case to the undersigned Magistrate Judge pursuant to

28 U.S.C. § 636

(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. ECF 2. dismissed without prejudice for lack of service. Plaintiff has filed nothing to date in this case. The Court therefore RECOMMENDS that this case be DISMISSED WITHOUT PREJUDICE for failure to prosecute. The Clerk of the Court shall send copies of the memorandum and recommendation to the respective parties, who will then have fourteen days to file written objections, pursuant to

28 U.S.C. § 636

(b)(1)(C). Failure to file written objections within the period provided will bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. Douglass v. United Servs. Auto. Ass’n,

79 F.3d 1415, 1428-29

(5th Cir. 1996) (en banc), superseded by statute on other grounds.

Signed on October 23, 2024, at Houston, Texas.

United States Magistrate Judge

Reference

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