Ebouelle v. Jaddou

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

OTHON B. E. EBOUELLE,

Plaintiff, Civil Action No. 24-00359 (AHA) v.

UR MENDOZA JADDOU, et al.,

Defendants.

Memorandum Opinion

Plaintiff Othon B. E. Ebouelle filed this action on February 7, 2024, to compel various

government officials at the Department of Homeland Security to adjudicate his applications for

asylum and withholding of removal. ECF No. 3 ¶ 1. Despite two reminders and extensions,

Ebouelle failed to serve Defendants with process as required by Federal Rule of Civil Procedure 4

and, as a result, has failed to prosecute this case. This matter is therefore dismissed without

prejudice.

Ebouelle filed proofs of service on May 23, 2024, but Defendants did not appear. On

February 7, 2025, the Court noted that the proofs of service “indicate that Plaintiff did not comply

with the Federal Rule of Civil Procedure 4(i) requirements for serving United States agencies and

officials” and ordered Ebouelle to file new proofs of service demonstrating that he had served

Defendants properly by February 28, 2025. Minute Order (Feb. 7, 2025). Ebouelle did not take

any action. On March 18, 2025, the Court issued a second order instructing Ebouelle to “either file

proof of service or show cause why this case should not be dismissed for failure to prosecute or failure to timely serve” by April 1, 2025. Minute Order (Mar. 18, 2025). That deadline has now

passed.

Under Federal Rule of Civil Procedure 4(m), “[i]f a defendant is not served within 90 days

after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must

dismiss the action without prejudice against that defendant or order that service be made within a

specified time.” Additionally, the Court may dismiss a case for failure to prosecute “upon the

Court’s own motion.” Local Civ. R. 83.23; see Peterson v. Archstone Communities LLC, 637 F.3d

416, 418 (D.C. Cir. 2011) (“District courts have inherent power to dismiss a case sua sponte for a

plaintiff’s failure to prosecute or otherwise comply with a court order.”). In total, 447 days have

passed since this case was filed, and Ebouelle has yet to serve his complaint on Defendants.

Accordingly, the Court dismisses this action without prejudice.

A separate order accompanies this memorandum opinion.

AMIR H. ALI United States District Judge

Date: April 29, 2025