Free Notice (Other) - District Court of California - California

Case 3:07-cv-02220-JAH-CAB

Document 5

Filed 02/08/2008

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KAREN P. HEWITT United States Attorney CAROLINE J. CLARK Assistant U.S. Attorney California State Bar No. 220000 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Email: [email protected] Telephone: (619) 557-7491 Facsimile: (619) 557-5004 Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HAMID REZA HEDAYAT ZADEH, ) ) Plaintiff, ) ) v. ) MICHAEL CHERTOFF, Secretary of the) ) Department of Homeland Security, et al., ) Defendants. ) _____________________________________) Case No. 07cv2220 JAH (CAB)

NOTICE OF LACK OF SERVICE

On November 20, 2007, Plaintiff Hamid Reza Hedayat Zadeh, pro se, filed a Petition for Hearing on Naturalization Application in the United States District Court for the Southern District of California. On January 22, 2008, Plaintiff filed a Request to Enter Default Judgement against Defendants. As of today's date, Plaintiff has not served the U.S. Attorney's Office or the U.S. Attorney General. See Fed. R. Civ. P. 4(i); see also Declaration of Mary C. Wiggins, attached hereto as Exhibit A, at ¶¶ 1-5. As Plaintiff has failed to effect proper service, see Fed. R. Civ. P. 4, Defendants' time to answer the Complaint has not been triggered, see Fed. R. Civ. P. 12, and Plaintiff is not entitled to the entry of a judgment by default, see Fed. R. Civ. P. 55. DATED: February 8, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Caroline J. Clark CAROLINE J. CLARK Assistant U.S. Attorney Attorneys for Defendants