Harrington v. United States

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

VINCENT STERLING HARRINGTON

Plaintiff,

v. Civil Action No. 24-2403 (TJK)

UNITED STATES OF AMERICA,

Defendant.

MEMORANDUM

On August 21, 2024, the Court entered a minute order informing Plaintiff that he needed

to serve Defendant within 90 days from this action’s removal under Federal Rule of Civil Proce-

dure 4 and ordering him to either (1) cause process to be served and file proof of service or (2)

move for an extension of time by November 18, 2024. Plaintiff did neither by October 22, so the

Court entered another minute order directing Plaintiff to do so by November 18. That order ex-

plained that Plaintiff had to comply with the Court’s order “to avoid dismissal of this action.” The

November 18 deadline has passed, and Plaintiff has still not filed proof of service or any motion.

Indeed, Plaintiff has filed nothing on the docket since this case was removed, and the only address

the Court has for Plaintiff appears invalid. See ECF Nos. 6-8. Thus, pursuant to Local Rule 83.23

and the Court’s “inherent power to dismiss a case sua sponte for a plaintiff’s failure to prosecute

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: November 21, 2024