Velazquez v. County Of Nassau et al

Filing 5

MEMORANDUM AND ORDER: Plaintiff having failed to properly complete the summons and serve the Defendants within the time allowed or to show good cause for why he cannot comply,IT IS HEREBY ORDERED that the above-captioned action be dismissed without prejudice. SO Ordered by Judge William F. Kuntz, II on 5/23/2018. (Tavarez, Jennifer)

FILED

1N CLERK'S OFFICE
US DISTRICT COURT E.D.N.Y.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ALFRED F. VELAZQUEZ,

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MAY 25 2018

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~ROOKLYN OFFICE

Plaintiff,
MEMdRANDUM AND ORDER
17-CV-6117 (WFK) (AYS)

V.

COUNTY OF NASSAU and
NASSAU COUNTY CORRECTIONAL CENTER,
Defendants.

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WILLIAM F. KUNTZ, II United States District Judge:

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For the reasons set forth below, the Court dismisses this action without prejudice for
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failure to prosecute.
BACKGROUND

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On October 20, 2017, Alfred F. Velazquez ("Plaintiff') file! the complaint in this action,
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against the County of Nassau and Nassau County Correctional Center (together, the
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"Defendants") seeking damages for alleged civil rights violations rsing out Defendants' policy
requiring all arrestees be subject to a strip search upon admission tr the Nassau County
Correctional Facility from May 1996 until June 1999. Compl, ECF No. 1. Also on October 20,
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2017, the Plaintiff was notified that their proposed summons was rejected and the Clerk's Office
could not issue the summons because a critical section of the suJons was incomplete. Docket
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Entry dated 10/20/2017. Plaintiffs counsel was "advised to subm t a completed proposed
summons using the event Proposed Summons/Civil Cover Sheet." Id.
On May 7, 2018, Magistrate Judge Anne Y. Shields entered an Electronic Order noting
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that "Plaintiff has failed to comply with the Court's October 20, 2017 Order to properly complete
the summons" and directing the Plaintiff to properly complete the ,lummons and serve the
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Defendants by May 21, 2018. Electronic Order dated 5/7/18. Plaitj.tiffwas "cautioned that
failure to com[p]ly with [the] Order may result in this case being di~missed for failure to
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prosecute." Id.

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DISCUSSION

Rule 4(m) of the Federal Rules of Civil Procedure provides:! "If 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 de{endant or order that service
be made within a specified time. But if the plaintiff shows good caJse for the failure, the court
must extend the time for service for an appropriate period."

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Plaintiff was required to complete the summons and serve ~e Defendants within 90 days
of the commencement of this action-by January 18, 2018. This Cqurt gave notice to the
Plaintiff on May 7, 2018 for service to be completed by May 21, 20 f8. Plaintiff having failed to
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properly complete the summons and serve the Defendants within th~ time allowed or to show
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good cause for why he cannot comply, IT IS HEREBY ORDERED that the above-captioned
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action be dismissed without prejudice.

s/WFK

Dated: May 23, 2018
Brooklyn, New York

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