Linares v. Commissioner of Social Security
Filing
6
ORDER Requiring Plaintiff to File Appropriate Summonses and to Indicate if Service by the U.S. Marshal is Requested. Signed by Magistrate Judge Jonathan Goodman on 11/3/2014. (lpr)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO. 14‐22965‐CIV‐LENARD/GOODMAN
ROBERT LINARES,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social
Security Administration,
Defendant.
_____________________________/
ORDER REQUIRING PLAINTIFF TO FILE APPROPRIATE SUMMONSES AND TO
INDICATE IF SERVICE BY THE U.S. MARSHAL IS REQUESTED
This Cause is before the Undersigned on the District Court’s referral for a ruling
on all pre‐trial, non‐dispositive matters and a Report and Recommendation on any
dispositive matters. [ECF No. 3].
Previously, the Undersigned entered an Order granting Plaintiff’s petition to
proceed in forma pauperis. [ECF No. 5]. In that Order, the Undersigned specifically noted
that no summonses appeared in the record and that Plaintiff had until September 15,
2014 “to file the appropriate summonses with the Court and to indicate if service by the
U.S. Marshal is requested for the complaint and summonses.” [Id. at 1]. To date,
Plaintiff has still not met this obligation, although the time to do so passed well over
one month ago.
The Undersigned, by this Order, will give Plaintiff one additional opportunity to
prosecute his case. Plaintiff has until December 1, 2014 to file the appropriate
summonses with the Court and to indicate if service by the U.S. Marshal is requested
for the complaint and summonses.1 If the Plaintiff fails to meet this deadline, then the
Undersigned will recommend to the District Court that this action be dismissed.2
DONE and ORDERED in Chambers, in Miami, Florida, November 3, 2014.
1
The Undersigned notes that pursuant to Rule 4(m) of the Federal Rules of Civil
Procedure, the Plaintiff has until December 23, 2014 to serve the complaint on the
Defendant. This date is 120 days after the Undersigned granted the motion to proceed
in forma pauperis. Failure to serve the complaint by this date will result in a
recommendation to the District Court that this case be dismissed.
The Eleventh Circuit has affirmed sua sponte dismissal with prejudice of a pro se
plaintiff’s case for repeated failure to prosecute after a finding that lesser sanctions
would not remedy the plaintiff’s intransigence. See Thomas v. Montgomery Cnty. Bd. of
Educ., 170 F. Appʹx 623, 626 (11th Cir. 2006). In this case, should Plaintiff continue to fail
to meet obligations imposed by Court order, there would be ample ground for a finding
that lesser sanctions would not cure his intransigence ‐‐ Plaintiff will have failed to
prosecute his case.
2
2
Copies furnished to:
Honorable Joan A. Lenard
All counsel of record
3
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