DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
JAYNELLE BURTON, 
 
 
 
 
Plaintiff, 
 
 
 
 
v. 
 
ADVANCE AUTO PARTS, 
 
 
 
 
Defendant. 
 
 
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Civil No. 2011–13 
 
 
APPEARANCES: 
 
Jaynelle Burton 
St. Thomas, VI  
Pro se plaintiff, 
 
Advance Auto Parts 
 
Unrepresented entity. 
 
ORDER 
 
GÓMEZ, J. 
 
 
The plaintiff, Jaynelle Burton (“Burton”), initiated this 
action on January 24, 2011. On Burton’s motion, the Magistrate Judge 
entered an order allowing Burton to proceed in forma pauperis. 
 
On June 14, 2012, the Magistrate ordered Burton to show cause 
at a hearing, scheduled to take place on July 5, 2012, why this action 
should not be dismissed for lack of prosecution. Burton did not appear 
at the hearing. 
 
The Magistrate then rescheduled the hearing for August 1, 2012. 
Burton personally appeared for this hearing. At the conclusion of 
the hearing, the Magistrate ordered Burton, not later than September 
Case: 3:11-cv-00013-CVG-RM   Document #: 11   Filed: 02/10/14   Page 1 of 2
Burton v. Advance Auto Parts 
Civil No. 2011-13 
Order 
Page 2 
 
1, 2012, to submit an amended complaint including allegations 
asserting a factual basis for jurisdiction. The Magistrate also 
scheduled another hearing for September 5, 2012. 
 
Burton did not respond to the order. Burton also failed to appear 
at the September 5, 2012, hearing. To date, Burton has not responded 
to the Court’s August 1, 2012, Order. Burton has also failed to timely 
serve process within 120 days after the filing of the complaint. 
 
Pursuant to Federal Rule of Civil Procedure 4(m), and because 
of the failure of the plaintiff to timely serve process within 120 
days after the filing of the complaint, it is hereby 
 
ORDERED that this action is DISMISSED WITHOUT PREJUDICE; and 
it is further 
 
ORDERED that the Clerk of the Court shall CLOSE this case. 
 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
Case: 3:11-cv-00013-CVG-RM   Document #: 11   Filed: 02/10/14   Page 2 of 2