Lyu v. Mayorkas

Background

Guangfu Lyu, representing himself, filed this case against Alejandro Mayorkas and Merrick Garland on January 29, 2024. The court examined whether Lyu had properly served the defendants. Service is the formal delivery of the lawsuit and related papers required to notify defendants of the case.

Rule and analysis

Federal Rule of Civil Procedure 4(m) generally requires a defendant to be served within 90 days after the complaint is filed. If service is not completed, the court must either dismiss the action without prejudice as to that defendant or order service within a specified time. If the plaintiff shows good cause for the delay, the court must extend the service deadline for an appropriate period.

More than 90 days had passed, and the docket did not show service on either defendant. Lyu had not requested an extension of time. The court also noted that people representing themselves must follow the Federal Rules of Civil Procedure.

Order

The court ordered Lyu to show cause—meaning to explain—why the case should not be dismissed without prejudice under Rule 4(m). By June 24, 2024, Lyu was required either to file a written response explaining why service had not been completed, whether he requested more time, and what legally sufficient reasons supported the delay and any extension request, or to file proofs of service if service had already been completed.

The court did not dismiss the case in this order. It warned Lyu that failing to comply with the order would lead to further action concerning dismissal under Rule 4(m).