Miguel Rivera, et al. v. Jorge Umpierre-Correa, et al.

CourtDistrict Court, D. Puerto Rico
DecidedDecember 22, 2025
Docket3:25-cv-01278
StatusUnknown

This text of Miguel Rivera, et al. v. Jorge Umpierre-Correa, et al. (Miguel Rivera, et al. v. Jorge Umpierre-Correa, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Miguel Rivera, et al. v. Jorge Umpierre-Correa, et al., (prd 2025).

Opinion

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

MIGUEL RIVERA, et al., Plaintiffs, v. Civil No. 25-1278 (ADC) JORGE UMPIERRE-CORREA, et al., Defendants.

OPINION AND ORDER I. Introduction Pending before the Court is Jorge Umpierre-Correa (“Judge Umpierre”) and Jorge Ortiz’s (“Mr. J. Ortiz,” and together with Judge Umpierre, “defendants”) motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6).1 ECF No. 24. Defendants seek the dismissal of the complaint filed by on May 22, 2025, by pro se plaintiffs Miguel Rivera (“Mr. Rivera”), Merarys Díaz (“Mrs.

Díaz”), Jorge Colón (“Mr. Colón”), Pedro Nieves-Maldonado (“Mr. Nieves”), Héctor Ortiz (“Mr. H. Ortiz”), and Javier González (“Mr. González,” and together with the others, “plaintiffs”). ECF No. 1.

In their complaint, plaintiffs bring forth several claims against defendants under 42 U.S.C. § 1983 for alleged deprivations of constitutional rights. To wit, plaintiffs allege that they

1 It is evident from the record that defendant Although it is evident from the record that defendant Jorge Umpierre- Correa is a judge serving in the Puerto Rico state judiciary. Accordingly, he will be alluded to as Judge Umpierre in this Opinion and Order. were deprived of their rights under the First, Fourth, Fifth, and Sixth Amendments of the United States Constitution. The basis for these claims is an ongoing criminal prosecution against Mr. Rivera that is pending in Puerto Rico’s Court of First Instance, during which he was found in contempt of court for failure to obey the orders of the presiding trial judge, Judge Umpierre,

and was incarcerated for a number of days. Mr. Rivera’s co-plaintiffs further attempted to record parts of the proceeding inside the courtroom, contrary to the court’s rules and procedures, and court security officers prevented them from doing so. Plaintiffs request that the Court award them compensatory damages in the amount of $500,000, punitive damages in the amount of at

least $2,000,000, and legal fees and costs. For the reasons set forth below, the motion to dismiss is GRANTED. II. Procedural Background

Invoking this Court’s federal question jurisdiction under 42 U.S.C. § 1983, pro se plaintiffs filed their complaint on May 22, 2025. ECF No. 1.2 Although plaintiffs included a total of ten named defendants in their complaint, they only submitted proposed summons for Judge

Umpierre and Mr. J. Ortiz, which were issued on May 23, 2025. ECF No. 3. That same day, the Clerk of Court notified plaintiffs that many of their exhibits submitted with the complaint were in the Spanish language, and that they needed to seek leave of the Court to submit these in Spanish under L. Civ. R. 5. ECF No. 4. On June 13, 2025, Mr. Rivera filed a motion for preliminary

2 Plaintiffs paid the initial filing fee, are not proceeding in forma pauperis, and have not requested the appointment of counsel. injunction and an unsworn statement under penalty of perjury in support. ECF Nos. 5, 6. On June 18, 2025, plaintiffs requested an extension of time to file partial translations of the Spanish language documents submitted with the complaint. ECF No. 8. The Court held in abeyance plaintiffs’ motion for preliminary injunction pending notice

to the adverse parties and their response to the motion. ECF No. 7. The Court further granted plaintiffs until July 9, 2025, to file the translations at issue in accordance with L. Civ. R. 5(c), warning plaintiffs that it could not consider documents not in the English language under applicable law and court rules. ECF No. 9.

On July 7, 2025, Mr. Rivera filed several motions and documents with the Court, among them: copies of the executed summons on Judge Umpierre and Mr. J. Ortiz (ECF Nos. 11, 16); a motion requesting this Court for an order recusing Judge Umpierre from presiding the Puerto

Rico court proceeding and staying said proceeding (ECF No. 12); a motion to expedite consideration of the preliminary injunction request due to upcoming hearings dates and deadlines in the Puerto Rico court proceeding (ECF No. 13); and a motion seeking partial

reconsideration of the Court’s Order regarding the need for certified translations (ECF No. 15). As to this last motion, the Court granted it in part, allowing “partial translations of [plaintiffs’] affidavits, but [requiring] all court records presented as exhibits in this case (including motions, court decisions, etc.) [to] be fully translated for the Court's consideration.” ECF No. 19. The

Court denied the motion to expedite the preliminary injunction request as defendants had not yet appeared and stated their positions. ECF No. 21. Defendants appeared on July 17, 2025, represented by the Commonwealth of Puerto Rico’s Department of Justice. ECF No. 22. They requested an extension of time to answer the complaint and respond to the pending motion for preliminary injunctive relief. Id. The Court granted the extension. ECF No. 23. On July 29, 2025, Mr. Rivera filed three motions. First, he

moved to disqualify defendants’ legal representation. ECF No. 26. He also informed the Court that Judge Umpierre had recused himself from the Puerto Rico court proceeding, but claimed that his replacement also needed to be recused and requested that this Court order him to do so, and further, that it order the stay of the state proceedings. ECF No. 28. Finally, he moved this

Court for: (i) the issuance of an order to compel the state court to release transcripts and recordings of the proceedings against him; and (ii) a further extension of time to submit the translation of the exhibits to the complaint, justifying the extension because plaintiffs “were not

provided adequate time or resources” to translate them. ECF No. 27. On July 31, 2025, defendants filed their opposition to plaintiff’s motion for a preliminary injunction. ECF No. 25. A few days later, on August 4, 2025, defendants filed further oppositions

to the motion to disqualify their legal representation, to the motion to compel and for extension of time, and the motion for recusal of the state court judge and for stay of said proceedings. ECF Nos. 29, 30, 32. Defendants also moved to strike these motions insofar as Mr. Rivera purported to file them on behalf of his fellow co-plaintiffs, as he is not a licensed attorney authorized to

practice before the Court. ECF No. 31. On August 14 and 15, 2025, the Court denied the motion to disqualify defendants’ counsel and granted defendants’ motion to strike. ECF Nos. 34, 36. The Court also granted in part the motion for extension of time to give plaintiffs until August 22, 2025, to submit the translations at issue. ECF No. 35. However, the Court denied all other relief requested in the motion related

to compelling discovery from the state court. Id. Then, on October 3, 2025, plaintiffs filed two motions: (i) a motion to compel this Court to explain its denial of their motion to disqualify (ECF No. 37); and (ii) a motion seeking a declaration that the Court is proceeding under Article III of the U.S. Constitution and the

correction of the record insofar as plaintiffs were proceeding “sui juris” and not “pro se.” ECF Nos. 37, 38. Defendants, on the other hand, filed a motion on October 21, 2025, to deem their motion to dismiss unopposed, given plaintiffs’ failure to file an opposition within fourteen days

of its filing as required under L. Civ. R. 7(b). ECF No. 39. On October 22, 2025, the Court granted defendant’s motion and deemed the motion to dismiss unopposed. ECF No. 40.

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