Abreu-Alicea v. Estado Libre Asociado de Puerto Rico et al

Filing 12

MEMORANDUM AND ORDER 10 "Motion to Strike Pleading Pursuant to Local Rule of Civil Procedure 5(g)." For the reasons stated herein, the complaint is 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 3/16/2016. (DJP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
ELVIN ABREU-ALICEA,
Plaintiff,
v.

CIVIL NO. 16-1171 (PAD)

ESTADO LIBRE ASOCIADO, et al.
Defendants.
MEMORANDUM AND ORDER
On February 1, 2016, pro-se plaintiff Elvin Abreu-Alicea initiated this action with a
Spanish-language complaint (Docket No. 3). On February 2, 2016, the court ordered him to file,
not later than March 3, 2016, a certified English translation of the complaint, as required by law
(Docket No. 4). It expressly forewarned him that “[f]ailure to comply may result in an order
striking from the record the complaint and dismissing the case without prejudice.” Id. A review
of the docket confirms that plaintiff has not complied with the court’s order.
On March 8, 2016, defendants moved to strike the complaint for failure to comply with the
court’s order and Local Rule 5(g) (Docket No. 10). The court ordered plaintiff to respond to the
motion not later than March 14, 2016 (Docket No. 11). To date, he has not done so.
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
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 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). To that end, it has explained that allowing the
integrated federal courts system.” Id. As such, district courts should not consider those documents.
González-De-Blasini v. Family Department, 377 F.3d 81, 89 (1st Cir. 2004).
Despite the term provided for plaintiff to submit the required document, he has not done
so. Nor has he filed a request for extension of time to comply, with an acceptable explanation for
the delay. In consequence, defendants’ request to strike the Spanish language complaint (Docket
No. 10) is GRANTED. There being no complaint, dismissal of the case is warranted. Judgment
shall be entered accordingly.
SO ORDERED.
In San Juan, Puerto Rico, this 16th day of March, 2016.
S/Pedro A. Delgado-Hernández
PEDRO A. DELGADO-HERNÁNDEZ
United States District Judge