Gamboa v. Newkirk

Background

Jennifer M. Gamboa brought this action without a lawyer and invoked diversity jurisdiction. She sued USCIS Naturalization Hearing Officer L. Newkirk and the U.S. Department of Homeland Security. The court understood the complaint as a petition under 8 U.S.C. § 1421(c) seeking judicial review of the denial of Gamboa’s naturalization application.

The court had previously granted Gamboa permission to proceed without prepaying filing fees. The order therefore concerned service of the complaint, not whether Gamboa was entitled to naturalization or whether the denial was lawful.

Service Order

Because Gamboa was proceeding without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service under Federal Rule of Civil Procedure 4(m) until 90 days after summonses are issued. It stated that Gamboa should request an extension if service is not completed within that period.

The court instructed the Clerk of Court to issue summonses for Newkirk and the Department of Homeland Security, complete the required U.S. Marshals Service Process Receipt and Return forms, identify that service was to be made on the United States, and provide the necessary documents to the Marshals Service.

Other Instructions and Disposition

Gamboa was required to notify the court in writing if her address changes. The court warned that the action could be dismissed if she failed to do so. The court directed that a copy of the order and an information package be mailed to her.

Judge Katherine Polk Failla certified under 28 U.S.C. § 1915(a)(3) that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order directed service and did not reach the merits of Gamboa’s challenge to the naturalization denial.