USA v. $1,646.64 IN U.S. CURRENCY

Filing 9

ORDER dismissing case without prejudice for lack of prosecution. Signed by Judge Juan M. Perez-Gimenez on 10/28/2015.(VCC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

United States of America
Plaintiff
v.

CIV. NO. 14-1231 (PG)
related to CRIM. No. 13-845 (GAG)

$1,646.64 in U.S. Currency
Defendants
ORDER
The Government filed the Verified Complaint for Forfeiture in Rem
on March 19, 2014. On that same date, the Government filed a Motion to
Stay the civil forfeiture proceedings until the related criminal case was
resolved. Docket No. 3. The criminal case in question is USA v. Aury
Hernandez, Case No. 13-845[3] (GAG).
On

April

6,

2015,

Judgment

was

entered

as

to

defendant

Aury

Hernandez. Docket No. 149 of Crim. No. 13-845. More than 6 months have
elapsed and the Government has not yet appeared to lift the stay or
request any further relief in this case.
An involuntary dismissal may result under Rule 41(b) of the Federal
Rules of Civil Procedure “[i]f the plaintiff fails to prosecute or to
comply with these rules or a court order.” Fed. R. Civ. P. 41(b). “The
authority of a federal trial court to dismiss a plaintiff’s action …
because of his failure to prosecute cannot seriously be doubted.” Link v.
Wabash R.R., 370 U.S. 626, 629 (1962). “This power, which is of ancient
origin … is a necessary component of the authority and responsibility of
the

district

courts

to

establish

orderly

processes

and

manage

their

calendars.” Pomales v. Celulares Telefonica, Inc., 342 F.3d 44, 48 (1st
Cir. 2003) (internal quotation marks omitted) (citing Young v. Gordon, 330
F.3d 76, 81 (1st Cir. 2003)). “[T]he district court’s decision to dismiss
a claim for failure to prosecute with or without prejudice is ordinarily
within its discretion.” The Shell Co. (P.R.) Ltd. v. Los Frailes Serv.
Station, Inc., 605 F.3d 10, 26 (1st Cir.2010).
“The

court

has

no

obligation

to

play

nursemaid

to

indifferent

parties.” Pinto v. Universidad De Puerto Rico, 895 F.2d 18, 19 (1st
Cir.1990).

Therefore, under this “[C]ourt’s … unquestionable authority to

Civil No. 14-1223 (PG)

Page 2

dismiss a case … for want of prosecution in order to prevent undue delay
in the disposition of pending cases, docket congestion and the possibility
of

harassment

of

defendant,”

Jardines

Ltd.

Partnership

v.

Executive

Homesearch Realty Serv. Inc., 178 F.R.D. 365 (D.P.R. 1998), the court
hereby

dismisses

plaintiff’s

suit

without

prejudice

pursuant

to

FED.R.CIV.P. 41(b). Final judgment dismissing the case without prejudice
shall be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico, October 28, 2015.

s/ Juan M. Pérez-Giménez
JUAN M. PEREZ-GIMENEZ
SENIOR U.S. DISTRICT JUDGE