DISTRICT COURT OF THE VIRGIN ISLANDS 
 
DIVISION OF ST. THOMAS AND ST. JOHN 
FITZROY EUGENE, 
Plaintiff, 
v. 
   
WARREN WILSON, and JAMES DOE,                 
 
Defendants. 
) 
)           Case No. 3:20-cv-007 
) 
 
)           ACTION FOR PERSONAL  
)           INJURY AND DAMAGES 
) 
 
) 
JURY TRIAL DEMANDED 
) 
 
  
 
 
ORDER 
THIS MATTER is before the Court sua sponte. Plaintiff Fitzroy Eugene (“Eugene”) 
filed his initial complaint on January 23, 2020 against Warren Wilson (“Wilson”) and a single 
“James Doe” Defendant. (ECF No. 1). Proof of service was never filed, and on June 9, 2020, 
the Court ordered Eugene to either file proof of service on the defendants or show cause why 
this action should not be dismissed for failure to effect timely service. (ECF No. 6). Eugene 
has neither filed proof of service nor responded to the June 9, 2020 Order. 
 
Rule 4(m) provides, “If a defendant is not served within 90 days after the complaint 
is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the 
action without prejudice against that defendant or order that service be made within a 
specified time.” Fed. R. Civ. P. 4(m). Here, Eugene has failed to file proof of service in the six 
months that have passed since filing and has shown no good cause for this failure despite 
receiving notice through the Court’s June 9, 2020 Order. This matter will therefore be 
dismissed without prejudice for failure to effect timely service under Fed. R. Civ. P. 4(m).  
 
Accordingly, it is hereby 
 
ORDERED that this matter is DISMISSED WITHOUT PREJUDICE. 
 
 
 
Dated: June 30, 2020 
 
 
 
s/ ______________________ 
 
 
 
 
 
 
 
 
 
ROBERT A. MOLLOY 
 
District Judge 
 
Case: 3:20-cv-00007-RAM-RM   Document #: 7   Filed: 06/30/20   Page 1 of 1