Lee v. Jaddou

Background

David Lee filed the action without a lawyer, seeking judicial review of the denial of his naturalization application and related relief. The court directed the Clerk of Court to issue a summons and ordered Lee to serve the summons and complaint on the defendant within 90 days. The summons was issued on June 29, 2023, making September 27, 2023, the service deadline.

The court later referred the case to Judge Barbara C. Moses for general pretrial management. Because the court had not received proof of service, Judge Moses extended Lee’s deadline to file a certificate of service twice. Lee did not meet those deadlines. Judge Moses then ordered him to explain why the case should not be dismissed under Federal Rule of Civil Procedure 4(m), which governs the time for serving a summons and complaint. Lee did not respond or file proof of service.

Recommendation and Review

Judge Moses issued a Report and Recommendation recommending dismissal without prejudice under Rule 4(m). Lee was notified that he could object, but he filed no objections. Because there were no objections, Judge Torres reviewed the recommendation for clear error and found none.

Ruling

Judge Torres adopted Judge Moses’s Report and Recommendation in its entirety. The court dismissed Lee’s claims without prejudice and directed the Clerk of Court to enter judgment consistent with the order and the recommendation. The opinion did not decide whether Lee was entitled to review of the denial of his naturalization application.