Ayala-Santiago et al v. Puerto Rico Public Building Authority et al

Filing 7

ORDER dismissing action WITHOUT PREJUDICE. Signed by Judge Juan M. Perez-Gimenez on 7/23/2015.(VCC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
AYALA-SANTIAGO, ET AL.
Plaintiff,
v.

CIV. NO. 15-1033 (PG)

PUERTO
RICO
PUBLIC
AUTHORITY, ET AL.

BUILDING

Defendant.

ORDER
On January 15, 2015, the plaintiff filed the above-captioned complaint.
See Docket No. 1. Federal Rule of Civil Procedure 4(b) states that “upon or
after filing the complaint, the plaintiff may present a summons to the clerk
for signature and seal. If the summons is in proper form, the clerk shall
sign, seal, and issue it to the plaintiff for service on the defendant.”
FED.R.CIV.P. 4(b). Rule 4(m) then states that service of the summons and
complaint shall be made upon a defendant within 120 days after the filing of
the complaint. FED.R.CIV.P. 4(m). Otherwise, the Court must dismiss the action
without prejudice as to that defendant or direct that service be effected
within a specified time. (Emphasis supplied). Id.
On May 21, 2015, that is, 126 days after the complaint was filed,
Plaintiff requested the issuance of summons and a thirty day extension of time
to serve defendants. See Docket No. 4. As an excuse, plaintiff adduced that
failure to submit the summons was “an unintended omission” and a “clerical
error.” Id.
The Court granted plaintiff’s request and summons was issued on June
22, 2015. See Docket Nos. 5 and 6. The thirty-day extension has now elapsed
and plaintiff has not yet filed a proof of service.
In light of plaintiff’s repeated failure to comply with the Rules, and
pursuant to our authority to do so, the Court hereby DISMISSES WITHOUT
PREJUDICE the plaintiff’s claim. Judgment dismissing this case without

Civ. No. 15-1033 (PG)

Page 2

prejudice shall be entered forthwith.

IT IS SO ORDERED.
In San Juan, Puerto Rico, July 23, 2015.

S/ JUAN M. PEREZ-GIMENEZ
JUAN M. PEREZ-GIMENEZ
U.S. District Judge