Castiblanco v. Bureau of Prisons

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

JAIME CASTIBLANCO,

Plaintiff,

v. Civil Action No. 25-747 (TJK)

BUREAU OF PRISONS et al.,

Defendants.

MEMORANDUM

On January 8, 2025, Plaintiff, pro se, sued Defendants, claiming that 18 U.S.C.

§ 3632(d)(4)(E)(i) violates the equal-protection component of the Due Process Clause of the Fifth

Amendment. ECF No. 1. On March 21, 2025, the Court noted that Plaintiff had not filed any

proof of service on the docket, so it ordered that he serve Defendants and file proof of service by

April 8, 2025, or move to enlarge the time to do so, explaining that failure to do either could result

in dismissal of the action. Min. Order of Mar. 21, 2025. When he failed to do either, the Court

ordered Plaintiff to show cause why it should not dismiss the case for failure to prosecute. Min.

Order of April 16, 2025. Plaintiff responded, detailing his attempts to serve Defendants. ECF No.

3. But as the Court explained, his attempts failed to comply with Federal Rule of Civil Procedure

4. Min. Order of May 7, 2025. So the Court construed his response as a motion for extension of

time, which it granted, giving him until June 6, 2025, to effect service or move for another exten-

sion. Id. Then, on May 30, 2025, Plaintiff moved for another 30-day extension of time. ECF No.

4. The Court granted the motion and ordered him to serve Defendants or move for another exten-

sion by July 2, 2025. Min. Order of June 2, 2025.

That deadline passed over six weeks ago, and Plaintiff has failed to do either. Indeed,

Plaintiff has filed nothing on the docket for over eleven weeks. Thus, pursuant to Local Civil Rule 83.23 and the Court’s “inherent power to dismiss a case sua sponte for a plaintiff’s failure to pros-

ecute or otherwise comply with a court order,” Peterson v. Archstone Communities LLC, 637 F.3d

416, 418 (D.C. Cir. 2011), the Court will dismiss the case without prejudice. A separate order will

issue.

/s/ Timothy J. Kelly _____ TIMOTHY J. KELLY United States District Judge Date: August 19, 2025