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1 As set forth in my order filed April 14, 2005:

In December 2001, Daljit Jandu filed a complaint in the United

States District Court for the Central District of California

complaining of discrimination by the United States and Middle

Tennessee State University. That action was dismissed without

prejudice on December 17, 2001. On September 7, 2004, Jandu wrote

to the clerk of this court providing a record of those

proceedings, referencing Catholic Social Services v. USCIS, No.

Civ. 86-1343 LKK, stating that he “deserves a consistent judgment”

and requesting the court “provide the settlement as

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DALJIT S. JANDU,

Plaintiff,

v.

U.S.A., and MIDDLE TENNESSEE

STATE UNIVERSITY,

Defendants.

CIV. S-04-1889-DFL PAN PS

ORDER

—NFN—

On April 14, 2005, after careful review of Mr. Jandu’s

previously filed documents,1 I directed him to “lodge a proper

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presented in the attached documents.” On September 10, the clerk

of court treated Jandu’s letter as a complaint (after receiving

the $150 filing fee on September 9, 2004), and served a standing

order requiring timely service of process and a joint status

report. On October 8, 2004, Jandu filed a document explaining he

sought permanent residency and United States citizenship and

damages from Middle Tennessee State University and inviting the

court’s reference to “ASCUS v. CSS settlement.” On February 22,

2005, Jandu lodged a copy of the U.S. Bureau of Citizenship and

Immigration Services’ February 10, 2005, acknowledgment of Nandu’s

application for status as a temporary resident.

2

complaint or file a proper petition to intervene in an existing

case.”

On April 27, Mr. Jandu filed (1) a letter with a

complaint “heading” claiming he was improperly denied U.S.

citizenship and that Middle Tennessee State University, his prior

employer and temporary visa sponsor, should “pay the damages;”

and (2) a document (filed under seal without prior authorization

of this court as required by E. D. Cal. L. R. 39-138(b)),

consisting of (a) Mr. Jandu’s visa petition approved April 20,

1991, (b) a February 23, 1995, Notice of Automatic Revocation of

Mr. Jandu’s visa petition from the U.S. Department of Justice

based on withdrawal of sponsorship by Middle Tennessee State

University, (c) a November 7, 1990, memorandum concerning Mr.

Jandu’s scholarly work, (d) a November 6, 2001, letter from an

attorney with the U.S. Department of Justice, Civil Rights

Division, Special Counsel for Immigration Related Unfair

Employment Practices, stating lack of jurisdiction over Mr.

Jandu’s discrimination charge against Middle Tennessee State

University, and (e) a July 14, 1995, letter and file from the

U.S. Department of Justice, Immigration and Naturalization

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Service ordering denial of Mr. Jandu’s application for status as

a permanent resident.

These documents, like those previously filed, do not

constitute a proper complaint. As a civil action cannot be

commenced without a proper complaint, Fed. R. Civ. P. 3, the

Clerk of Court is directed to close the file and return to Mr.

Jandu his filing fee of $150.00.

So ordered.

Dated: May 18, 2005. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

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