Ayinkamiye v. Rhode Island College et al

Filing 36

ORDER denying as moot 33 Motion to Dismiss for Failure to State a Claim; adopting 35 Report and Recommendations; and, Ordering Plaintiff to Show Cause in writing on or before 11/13/17. So Ordered by Chief Judge William E. Smith on 10/11/2017. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
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)
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Plaintiff,
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v.
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RHODE ISLAND COLLEGE,
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CITY OF PROVIDENCE and
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STATE OF RHODE ISLAND
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Defendants.
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___________________________________)
JEANNETTE AYINKAMIYE,

C.A. No. 17-54 WES

ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate Judge Patricia A. Sullivan filed a Report and
Recommendation (“R&R”) on September 15, 2017 (ECF No. 35), which
considered Defendant Rhode Island College’s (“RIC”) Motion To
Dismiss for Failure To State a Claim (“Motion To Dismiss”) (ECF
No. 33).
this

In the R&R, Magistrate Judge Sullivan recommended that

Court:

(1)

dismiss

without

prejudice

Plaintiff’s

claims

against Defendant RIC for failure to prosecute pursuant to Rule
41(b) of the Federal Rules of Civil Procedure; and (2) order
Plaintiff to show good cause why the claims against Defendants the
City of Providence and the State of Rhode Island should not be
dismissed for failure to timely serve Defendants pursuant to
Federal Rule of Civil Procedure Rule 4(m).

Having heard no

objections and having carefully reviewed the R&R and pending
motion, the Court ACCEPTS the R&R and adopts the recommendations
and reasoning therein.
Accordingly, Plaintiff’s claims against Defendant RIC are
dismissed without prejudice for failure to prosecute pursuant to
Federal Rule of Civil Procedure Rule 41(b). Defendant RIC’s Motion
To Dismiss (ECF No. 33) is therefore DENIED as moot.
Moreover, Plaintiff is hereby ordered to show cause, in
writing, why this Court should not also dismiss her claims against
Defendants the City of Providence and the State of Rhode Island
for failure to prosecute, and more precisely, failure to timely
serve Defendants in accordance with Rule 4.

Plaintiff has thirty

(30) days to provide the Court with information excusing her
failure to timely serve Defendants.

If Plaintiff does not submit

such information by this deadline, or if the information she
submits does not suffice to establish good cause, the Court shall
dismiss Plaintiff’s Complaint in its entirety.
shall enter in favor of Defendant RIC.
IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: October 11, 2017
2

Final judgment