Sevastianov v. Jaddou

Background

Igor Sevastianov brought this action without a lawyer against Ur Jaddou, Loren Miller, and “Officer: 0348,” all connected to the United States Citizenship and Immigration Services (USCIS). The complaint identified diversity jurisdiction, which generally concerns disputes between citizens of different states, but the court understood the action as invoking federal-question jurisdiction and as naming the defendants in their official capacities as federal officers. The opinion does not identify the specific underlying USCIS dispute or the legal claim Sevastianov intended to pursue.

Sevastianov had paid the filing fees. The court found that his complaint did not say what relief he sought. Relief could include damages, meaning money; injunctive relief, meaning an order requiring or forbidding particular conduct; or declaratory relief, meaning an order stating that government conduct was unlawful.

Court’s Order

Federal Rule of Civil Procedure 8(a) requires a complaint to include a short statement of the basis for jurisdiction, a short statement showing why the plaintiff is entitled to relief, and a demand stating the relief sought. Considering Sevastianov’s status as a self-represented plaintiff, the court directed him to submit a written supplement to his complaint by April 19, 2024, clearly identifying the type or types of relief he seeks.

The court warned that if Sevastianov failed to comply within the allowed time and failed to show cause—a legally sufficient reason excusing the failure—the court would dismiss the action without prejudice for failure to follow the order. The opinion does not dismiss the action at this stage and does not decide the merits of Sevastianov’s claims.

Appeal and Disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied fee-free appeal status. Judge Dale E. Ho entered the order on March 15, 2024.