Daughtry v. Williams et al

Filing 12

ORDER granting 11 Plaintiff, Robert A. Daughtry's, Motion for Entry of Clerks Default against Randy Williams. The Clerk of Court is directed to enter a clerks default against Defendant Williams ONLY. Signed by Magistrate Judge Sheri Polster Chappell on 7/12/2012. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT A. DAUGHTRY,
Plaintiff,
-vs-

Case No. 2:12-CV-307-FTM-99SPC

RANDY L. WILLIAMS, U.S. DEPT. OF THE
TREASURY- INTERNAL REVENUE SERVICE,
and DOES 1-3,
Defendants.
_____________________________________/
ORDER
This matter comes before the Court on the Plaintiff, Robert Daughtry’s (“Daughtry”),
Motion for Entry of Clerk’s Default against Defendant, Randy L. Williams (“Williams”), (Doc. #
12) filed on July 5, 2012. Plaintiff moves for an entry of clerk’s default against Defendant
Williams who is an inmate at the Charlotte County Jail, for failure to respond to the Complaint
within 21 days as allowed by the Federal Rules. However, before a clerk can enter default, the
court must determine whether service of process was valid. See Tyco Fire & Sec., LLC v.
Alcocer, 218 F. App’x 860, 864 (11th Cir. Feb. 22, 2007). Pursuant to Fed. R. Civ. P. 4(e)(2), a
plaintiff can effect service in any judicial district court of the United States by “delivering a copy
of the summons and complaint to the individual personally.”
Here, Daughtry filed a Complaint to quiet title, for partition of real property, against
Williams on June 4, 2012. (Doc. # 1). The proof of service (Doc. # 3) maintains that Daughtry,
acting through Youngblood Process Service, personally served Williams with a copy of the
summons and Complaint on June 11, 2012, at the Charlotte County Jail. (Doc. # 3).

Additionally, the Certificate of Service on Daughtry’s pleadings and motions, indicate that he
has served Williams with pleadings and motions filed in this case at the following address:
Randy L. Williams
Charlotte County Jail
26601 Airport Road
Punta Gorda, FL 33982
There is no indication that mail has been returned as undeliverable from this address. Therefore,
because Williams was personally served with a copy of the summons and complaint, service was
effective under the Federal Rules of Civil Procedure.
Now that it has been established that service was proper, the Court will evaluate the
Federal Rules of Civil Procedure in regard to a defendant who fails to answer a complaint. Under
Fed. R. Civ. P. 55 (a), default is justified “[w]hen a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise appear by affidavit or otherwise, the
clerk shall enter the party’s default.”

Under the Federal Rules, an answer to Plaintiff’s

Complaint was due to be filed within 21 days. To date, Williams has not filed a responsive
pleading. Thirty days have passed since Daughtry served Williams on June 11, 2012. As such,
Daughtry’s Motion is granted pursuant to Federal Rule 55(a).
Accordingly, it is now
ORDERED:
Plaintiff, Robert A. Daughtry’s, Motion for Entry of Clerk’s Default against Randy
Williams (Doc. # 11) is GRANTED. The Clerk of Court is directed to enter a clerk’s default
against Defendant Williams ONLY.

DONE and ORDERED in Fort Myers, Florida this _12th__ day of July, 2012.

Copies: All Parties of Record
Randy Williams
Charlotte County Jail
26601 Airport Road
Punta Gorda, FL 33982