FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
UNITED STATES DEPARTMENT OF
AGRICULTURE RURAL HOUSING SERVICE
f/k/a FARMERS HOME,
Plaintiff,
v.
LEROY W. MONSANTO, JR., and
FELICITA RIVERA,
Defendants.
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Civil No. 2006-206
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ATTORNEYS:
Matthew J. Duensing, Esq. 
St. Thomas, U.S.V.I.
For the plaintiff,
Frank A. James
1113-26 Estate Solberg, St. Thomas, U.S.V.I. 00802
Pro se defendant.
ORDER
GÓMEZ, C.J.
The plaintiff in this matter, United States Department of
Agriculture Rural Housing Service f/k/a Farmers Home (“UDSA”),
commenced this debt and foreclosure action on November 17, 2006,
against defendants Leroy W. Monsanto, Jr. (“Monsanto”) and
Felicita Rivera (“Rivera”). 
Case: 3:06-cv-00206-CVG   Document #: 16   Filed: 12/04/08   Page 1 of 2
USDA v. Monsanto, et al.
Civil No. 2006-206
Order
Page 2
There is no proof in the record in this matter that the
USDA’s complaint and summons were ever served on Monsanto. 
Because there has been no proof of service on Monsanto
within 120 days of the filing of the complaint, Monsanto may have
to be dismissed from this matter for lack of timely service. See
Fed. R. Civ. P. 4(m); see also Sykes v. Blockbuster Video, 205
Fed. Appx. 961, 963 (3d Cir. Nov. 15, 2006)(affirming the
district court's dismissal where the plaintiff “clearly failed to
serve [the defendant] within 120 days of filing his complaint, as
required under Rule 4(m)”) (unpublished).
Accordingly, it is hereby
ORDERED that the USDA, no later than December 15, 2008,
shall show cause in writing why this matter should not be
dismissed without prejudice with respect to Monsanto for lack of
timely service.
       S\                          
        CURTIS V. GÓMEZ
       
     Chief Judge
Case: 3:06-cv-00206-CVG   Document #: 16   Filed: 12/04/08   Page 2 of 2