Torres v. McDonald

Filing 12

OPINION AND ORDER by Judge Ronald A. White dismissing/terminating case (case terminated) (lal, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
Debra L. Torres,
Plaintiff,
v.

Case No. 14-CIV-483-RAW

Robert McDonald, Secretary, Department
of Veteran Affairs,
Defendant.
OPINION AND ORDER
This case was filed on November 6, 2014 [Docket No. 2] alleging employment
discrimination. On March 30, 2015, Plaintiff was ordered to show cause as to why this
case should not be dismissed for failure to prosecute [Docket No. 7]. On April 15, 2015,
Plaintiff filed a Motion for Extension of Time to perfect service, indicating she never
received the forms previously mailed to her [Docket No. 8]. On April 16, 2015, this court
entered a second order directing Plaintiff to perfect service on Defendant within thirty
days [Docket No. 9]. Both orders indicated that failure to respond or to perfect service
could result in the case being dismissed pursuant to Federal Rules of Civil Procedure and
Local Civil Rules.
As stated in the two previous orders, Rule 4 of the Federal Rules of Civil
Procedure provides that a case may be dismissed if service has not been made within 120
days of the filing of a complaint. The record still fails to reflect that service is perfected.

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See Rule 4(i). Additionally, the record does not reflect any further attempts to effect
service of process. While failure to accomplish one of these items individually would not
be reasonable grounds for dismissal of this matter, this court believes that failure to obey
the court’s repeated orders regarding service of process is sufficient grounds for dismissal
for Plaintiff’s failure to prosecute.
Pursuant to Rule 41(b) and Olsen v. Mapes, 333 F.3d 1199, n.3 (10 th Cir. 2003), a
court has the authority to dismiss a case sua sponte. Therefore, for the above mentioned
deficiencies, this case is DISMISSED without prejudice.
Dated this 28th day of September, 2015.

_________________________________
H ONORABLE R ONALD A. W HITE
U NITED S TATES D ISTRICT J UDGE
E ASTERN D ISTRICT OF O KLAHOMA

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