UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

BROWNSVILLE DIVISION

Dr. Orly Taitz,

Plaintiff,

CIVIL NO.1:15-CV-00054

v.

John Koskinen, Carolyn Colvin, Jeh Johnson, Barack Obama, John Does, Jane Does and DHS Detention Facilities in Southern Texas

Defendants.

MOTION TO DISMISS

Subject to and reserving their Rule 12 defenses, Defendants (other than John

Doe defendants) move collectively for dismissal pursuant to Federal Rule of Civil

Procedure 4(m) because Plaintiff has failed to timely serve the United States

Attorney for the Southern District of Texas with process as required by Rule

4(i)(1)(A).

This case was filed on March 25, 2015. Summonses were issued the same

day and mailed to Plaintiff. See docket sheet, Entry 1 and 2. To date, the United

Case 1:15-cv-00054 Document 6 Filed in TXSD on 07/28/15 Page 1 of 3

States Attorney for the Southern District of Texas has not been served. No return

of service has been filed either.1

On March 26, 2015, this Court issued an order ordering plaintiff to serve

defendants within 120 days. Docket entry 4 at paragraph 6. The Court also ordered

that a case management plan be filed. Because no service has been effected, the

parties have not held a discovery conference and Defendants move to be excused

from filing a case management plan since this case should be dismissed.

For these reasons this case should be dismissed and deadlines cancelled.

Respectfully submitted, July 28, 2015 KENNETH MAGIDSON United States Attorney Southern District of Texas /s/Daniel Hu

____________________________________ By: DANIEL DAVID HU Assistant United States Attorney State Bar No. 10131415 S.D. I.D. 7959 Southern District of Texas 1000 Louisiana, Suite 2300 Houston TX 77002

1 Plaintiff Taitz filed a motion to consolidate this case with B-14-119. The motion was denied by Judge Hanen because this case and the one before Judge Hanen, B-14-119, do not contain common questions of law or fact. Docket entry 68, B-14-119, attached. Judge Hanen also dismissed most of the case before that Court on standing grounds leaving open only a claim for equitable relief related to personal injury Dr. Taitz allegedly suffers and will allegedly suffer in the future due to conduct of certain federal officials or agencies. Id., docket entry 69.

Case 1:15-cv-00054 Document 6 Filed in TXSD on 07/28/15 Page 2 of 3

(713) 567-9518 (PHONE); (713) 718-3303 (FAX) Email: Daniel.Hu@usdoj.gov

Certficate of Service

I hereby certify that on July 28, 2015 a true and correct copy of the foregoing Motion to

Dismiss was filed via CM/ECF and served on plaintiff by CMRR at:

29829 Santa Margarita Parkway, Suite 100

Rancho Santa Margarita, CA 92688

/s/ Daniel Hu

Daniel Hu, AUSA

Case 1:15-cv-00054 Document 6 Filed in TXSD on 07/28/15 Page 3 of 3