7:25-cv-00033•Dizon v. Philippine Airlines Company
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION ALFRED C. DIZON, § § Plaintiff, § § v. § Civil Action No. 7:25-cv-00033-O-BP § PHILIPPINE AIRLINES COMPANY, § § Defendant. § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE By Order dated April 15, 2025, because Plaintiff Alfred Dizon had paid the filing fee, the Court directed him to ensure that he effectively served Defendant Philippine Airlines Company (“PAL”) within 90 days after the filing of the complaint. ECF No. 4. Dizon filed several “Proof[s] of Service” on April 25, August 5, and October 20, 2025. (ECF Nos. 5, 9, 12). On November 21, 2025, the Court found that Dizon had not properly served PAL and ordered him to do so by December 20, 2025. ECF No. 16. However, as of the date of this recommendation, Dizon has not done so. Rule 4 provides that “[t]he plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.” Fed. R. Civ. P. 4(c)(1). After effecting service, the plaintiff must file proof of service with the court. Id. 4(l)(1). If the plaintiff does not serve a defendant “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,” unless the plaintiff shows both (1) good cause for her failure to timely and properly effect service and (2) good cause for the court to extend the time for service for an appropriate period. Id. 4(m); Lewis v. Sec'y of Pub. Safety & Case 7:25-cv-00033-O-BP Document 17 Filed 01/07/26 Page 1 of 3 PageID <pageID>
2 Corr., 870 F.3d 365, 369 (5th Cir. 2017). “A pro se plaintiff is entitled to notice before a district court dismisses an action, sua sponte, for failure to timely serve the defendants under Rule 4(m).” Lindsey v. U.S. R.R. Ret. Bd., 101 F.3d 444, 446 (5th Cir. 1996)). But “[a] plaintiff's pro se status and ignorance of the law do not constitute cause for his failure to effect service in compliance with the rules.” Kersh v. Derozier, 851 F.2d 1509, 1512 (5th Cir. 1988). When the Court issued its November 21, 2025 Order, it warned Dizon that “it must dismiss the action without prejudice if he does not properly serve PAL in accordance with the Federal Rules of Civil Procedure. ECF No. 16 (citing Fed. R. Civ. P. 4(m)). Dizon has neither served process on PAL in a timely fashion under Federal Rule of Civil Procedure 4 nor has he filed an adequate proof of service with the Court. Accordingly, the undersigned RECOMMENDS that Chief United States District Judge Reed O’Connor DISMISS without prejudice Dizon’s claims against Philippine Airlines Company under Fed. R. Civ. P. 4(m) for failure to timely serve process. A copy of these findings, conclusions, and recommendation shall be served on all parties in the manner provided by law. Any party who objects to any part of these findings, conclusions, and recommendation must file specific written objections within fourteen days after being served with a copy. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). To be specific, an objection must identify the particular finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge’s findings, conclusions, and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except Case 7:25-cv-00033-O-BP Document 17 Filed 01/07/26 Page 2 of 3 PageID <pageID>
3 upon grounds of plain error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996) (en banc), modified by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections to 14 days). SIGNED on January 7, 2026. __________________________________ Hal R. Ray, Jr. UNITED STATES MAGISTRATE JUDGE Case 7:25-cv-00033-O-BP Document 17 Filed 01/07/26 Page 3 of 3 PageID <pageID>
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