Herrera v. Rambosk et al
Filing
38
OPINION AND ORDER dismissing 1 Complaint without prejudice under Fed. R. Civ. P. 4(m) as to defendant Garmone. The Clerk shall enter judgment accordingly and as set forth in the 32 Opinion and Order, and close the file. Signed by Judge John E. Steele on 11/14/2019. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LAZARO HERRERA,
Plaintiff,
v.
Case No:
2:17-cv-472-FtM-29MRM
TINA MARIE GARMONE,
Defendant.
OPINION AND ORDER
This matter comes before the Court on review of the file.
Plaintiff's civil rights complaint, as supplemented, filed August
21, 2017 (Doc. #1 and Doc. #2, Complaint) remains pending against
Defendant Tina Marie Garmone.
See Opinion and Order, dated March
19, 2019, granting Defendant Rambosk’s motion to dismiss and
dismissing complaint, as supplemented, as to Defendants Rambosk,
Armor Correctional Health Services, “Unknown Shift Supervisors
Deputys” and Collier County Jail. (Doc. #32).
To date, the United
States Marshal’s Office could not serve Defendant Garmone.
Docs. #21, #30, and #35.
See
Plaintiff received notices of these
efforts, and reciprocal failures, to serve Defendant Garmone.
On October 23, 2019, the Court again advised Plaintiff that
efforts to locate a forwarding address for Defendant Garmone
failed.
(Doc. #37).
The Court further advised Plaintiff that
under Fed. R. Civ. P. 4(m), a district court must dismiss an action
against a defendant, on a motion or sua sponte, if service is not
effectuated within 90 days after the complaint was filed.
(Id.).
The Court afforded Plaintiff an additional fourteen (14) days to
locate a valid address for Defendant Garmone and warned Plaintiff
it would dismiss this action, under Fed. R. Civ. P. 4(m), if
Plaintiff did not provide the Court with a valid address for
Defendant Garmone or explain his inability to respond to the
Court’s October 23, 2019 Order, or otherwise show good cause why
the Court should not dismiss this action.
(Id. at 2).
Plaintiff
filed no response to the Court's October 23, 2019 Order and the
time has expired.
The Court is responsible for seeing that its limited resources
are allocated in a way that promotes the effective and efficient
administration
of
the
judicial
system.
The
United
States
Marshal’s Office has used reasonable efforts to locate a forwarding
address for Defendant Garmone, but their efforts have proved
unsuccessful.
Consequently,
Defendant
Garmone
is
dismissed
without prejudice under Fed. R. Civ. P. 4(m).
ACCORDINGLY, it is now
ORDERED:
1.
Plaintiff's Complaint is DISMISSED without prejudice
under Fed. R. Civ. P. 4(m) as to Defendant Garmone.
- 2 -
2.
The Clerk of Court shall enter judgment as set above and
as set forth in the Court’s Opinion and Order dated March 19, 2019
(Doc. #32), terminate any pending motions, and close this file.
DONE and ORDERED at Fort Myers, Florida, this
of November, 2019.
SA: FTMP-1
Copies:
Counsel of Record
- 3 -
14th
day
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