Ramos v. Chaplain J. Stehle et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
AARON A RAMOS,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:25-CV-00024
CHAPLAIN J. STEHLE, et al.,
Defendants.
MEMORANDUM AND RECOMMENDATION
TO DISMISS WARDEN J. FIKES FOR FAILURE TO SERVE
Plaintiff Aaron A. Ramos (Fed. Reg. No. 26615-480), proceeding pro se and in forma
pauperis, raises claims that under the Religious Freedom Restoration Act of 1993, 42 U.S.C. §
2000bb. Plaintiff alleges the defendants denied or unlawfully interfered with his right to practice
his religious faith, that is a “Urantia Book reader.” (D.E. 1). At the time he filed this action,
Plaintiff was a federal inmate assigned to Victorville-FCC in Adelanto, California. Plaintiff’s
claims arise, however, in connection with his prior assignment to FCI-Three Rivers, in Three
Rivers Texas. Plaintiff currently resides at Dismiss Charities, RRC, located in El Paso, Texas.
(D.E. 24).
By Order entered on January 31, 2025, the undersigned ordered service of Plaintiff’s
complaint (D.E. 1) and attachments to the complaint (D.E. 1-1 through 1-16) on two FCI-Three
Rivers officials, Captain J. Stehl and Warden J. Fikes. (D.E. 8). After being granted extensions
of time to file responsive pleadings, Captain Stehl filed his answer on August 18, 2025. (D.E.
21). Warden Fikes, however, has yet to appear in this action.
United States District Court
Southern District of Texas
ENTERED
December 15, 2025
Nathan Ochsner, Clerk
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Assistant United States Attorney Lander Baiamonte filed a motion to withdraw as counsel
for Warden Fikes, explaining that Warden Fikes has retired and no current address for Warden
Fikes was currently on file. (D.E. 20, p. 2). Ms. Baiamonte explained further that she was not
able to communicate with Warden Fikes to obtain his consent to be represented by the United
States Attorney’s Office in this action. Id. On August 19, 2025, the undersigned: (1) granted
Ms. Baiamonte’s motion to withdraw as counsel; (2) advised Plaintiff that service of Warden
Fikes must be effectuated within 90 days of filing his complaint under Federal Rule of Civil
Procedure 4(m); and (3) advised Plaintiff that the 90-day period had already expired. (D.E. 23,
p. 2). The undersigned nevertheless ordered Plaintiff that, on or before November 19, 2025, he
must identify the correct address for Warden Fikes and file a written motion requesting this Court
to order service. Id.at 3. Plaintiff was cautioned that his failure to comply with the August 19
Order may result in Warden Fikes being dismissed without prejudice for want of service. Id.
On October 29, 2025, the undersigned granted a motion to stay this case due to the recent
government shutdown. (D.E. 28). The stay was lifted on November 18, 2025, after the
government reopened and resumed normal operations. (D.E. 31). As part of the November 18,
2025 Amended Order Setting Deadlines, the undersigned granted Plaintiff an extension until
December 8, 2025 to identify the correct address for Warden Fikes and file a written motion
requesting this Court to request service. (D.E. 30, p. 1). The undersigned warned Plaintiff this
would be the final extension of time for Plaintiff to obtain the correct address and file the proper
written motion requesting service. Id.
Rule 4(m) of the Federal Rules of Civil Procedure states:
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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 effected within a
specified time. But if the plaintiff shows good cause for the failure, the court must
extend the time for service for an appropriate period.
Fed. R. Civ. P. 4(m). The 90-day period from the date the complaint was filed to serve Warden
Fikes has long since expired. Per two Court Orders (D.E. 23; D.E. 30), the undersigned has
extended the time until December 8, 2025 for Plaintiff to provide this Court with information
and a proper motion requesting service in order to effectuate service on Warden Fikes. Despite
being warned of the consequences of failing to comply with the Orders entered on August 19
and November 18, Plaintiff neither has provided the Court with a response identifying Warden
Fikes’s correct address nor a motion requesting service on that defendant. Plaintiff otherwise
has provided no good cause to warrant an extension of time for effectuating service on Warden
Fikes.
Accordingly, the undersigned respectfully recommends that the district court DISMISS
Warden J. Fikes from this action without prejudice for want of prosecution by failing to serve
Warden J. Fikes in a timely fashion under Rule 4(m) and the August 19 and November 18 orders.
ORDERED on December 15, 2025.
_______________________________
Jason B. Libby
United States Magistrate Judge
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