Richard Matthews v. Denise Marshall, et al.

Summary

The District Court of the Virgin Islands adopts a magistrate judge’s Report and Recommendation recommending dismissal without prejudice of claims against several defendants and against Ray Martinez in his official capacity for failure to timely effect service. The court overrules the plaintiff’s objections, permits claims against Martinez in his unofficial capacity to proceed, and directs the Clerk to terminate the case as to the specified defendants and capacity.

Holdings

1. The plaintiff's repeated failure to cure service defects over an extended period, despite numerous opportunities to do so, did not establish good cause for further extensions of the service deadlines.
2. The filing of the proposed Second Amended Complaint did not reset the service deadlines because the court had denied the plaintiff leave to file it.
3. The claims against Jamale R. Griffin, Kathryn B. Jensen De Lugo, Denise Marshall, and Ray Martinez in his official capacity were dismissed without prejudice for failure to timely effect service.
4. The claims against Ray Martinez in his unofficial capacity were permitted to proceed.

Questions Presented

1. Whether the plaintiff's objections established good cause to extend the service deadlines based on his diligence in responding to the court's orders.
2. Whether the filing of a proposed Second Amended Complaint reset the deadlines for service.
3. Whether the claims against the unserved or improperly served defendants should be dismissed without prejudice for failure to timely effect service.
4. Whether the claims against Ray Martinez in his unofficial capacity could proceed despite dismissal of the claims against him in his official capacity.

Disposition

dismissed