Cesareo-Rosado v. Estado Libre Asociado de Puerto Rico et al

Filing 13

MEMORANDUM AND ORDER: In accordance with the Orders at Docket Nos. 10 and 12, all of the Spanish language pleadings are stricken from the record. There being no complaint, dismissal of the case is warranted. Judgment shall be entered accordingly. Signed by Judge Pedro A. Delgado-Hernandez on 06/25/2015.(LMR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
YAMIL DOEL CESAREO-ROSADO,
Plaintiff,
v.

CIVIL NO. 15-1146 (PAD)

ESTADO LIBRE ASOCIADO DE
PUERTO RICO, et al.
Defendants.
MEMORANDUM AND ORDER
Pro-se plaintiff, Yamil Doel Cesareo-Rosado, initiated this action filing a Spanishlanguage complaint on March 11, 2015 (Docket No. 2). He later filed an informative motion in
Spanish (Docket No. 6). On March 16, 2015, the court ordered plaintiff to file a certified English
translation of all documents not in the English language, as required by 48 U.S.C. § 864 and Local
Rule 5(g), expressly warning that otherwise the documents would be stricken from the record and
the case dismissed without prejudice (Docket No. 10).
On April 30, 2015, plaintiff filed a “Translation of Sworn Statement in Support of
Allegations” (Docket No. 11), which allegedly complied with the court’s order. The submission,
however, did not comply with the order and the court granted a second opportunity for plaintiff to
file a certified translation in the English language of the documents at Docket Nos. 2 and 6, on or
before June 5, 2015 (Docket No. 12). The court again warned that failure to comply with the Order
may result in an order striking from the record the complaint and dismissing the case without
prejudice. To date, plaintiff has not submitted the required documents.
Pursuant to 48 U.S.C. § 864, “[a]ll pleadings and proceedings in the United States District
Court for the District of Puerto Rico shall be conducted in the English language.” Similarly, Local

Yamil Doel Cesareo-Rosado v. Estado Libre Asociado de Puerto Rico, et al.
Civil No. 15-1146 (PAD)
Memorandum and Order
Page 2

Rule 5(g) requires in part, that “[a]ll documents not in the English language which are presented
or filed, whether as evidence or otherwise, must be accompanied by a certified translation into
English prepared by an interpreter certified by the Administrative Office of the United States
Courts.”
The United States Court of Appeals for the First Circuit requires strict enforcement of the
English-language requirement where the untranslated document is key to the outcome of the
proceedings. Puerto Ricans for Puerto Rico Party v. Dalmau, 544 F.3d 58, 67 (1st Cir. 2008). As
the First Circuit has explained, allowing the outcome to turn on a non-English document would be
“at odds with the premise of a unified and integrated federal courts system.” Id. Therefore, district
courts should not consider such documents. González-De-Blasini v. Family Department, 377 F.3d
81, 89 (1st Cir.2004).
After having been granted two opportunities to comply, plaintiff has not submitted the
documents as ordered; has not proffered any explanation for failure to do so; and has not asked for
an extension of time. Consequently, in accordance with the Orders at Docket Nos. 10 and 12, all
of the Spanish language pleadings are stricken from the record. There being no complaint,
dismissal of the case is warranted.
Judgment shall be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico, June 25, 2015.
s/Pedro A. Delgado-Hernández
PEDRO A. DELGADO-HERNÁNDEZ
United States District Judge