Brooks v. Sawyer et al
OPINION AND ORDER re: 16 LETTER MOTION for Default Judgment against Donald Sawyer is DENIED. Signed by Judge Sheri Polster Chappell on 11/19/2020. (SLU)
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RUFUS J. BROOKS, JR.,
DONALD SAWYER, E.
SALEMA and JP CARNER,
OPINION AND ORDER1
Before the Court is an untitled motion filed by Plaintiff Rufus J. Brooks,
Jr., in which Brooks asks for a default judgment against Defendant Donald
Sawyer. (Doc. 16). Under the prisoner mailbox rule, the Court deems the
motion filed on November 9, 2020, the date it was received by the Florida Civil
Commitment Center. The Court dismissed this case for failure to timely serve
Defendants and entered judgment on November 6, 2020. (Doc. 14; Doc. 15).
So the Court will consider the motion a timely request for relief from a
judgment or order under Federal Rule of Civil Procedure 60.
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subsequently filed notice of appeal (Doc. 17) will thus become effective when
this Order is entered. Fed. R. App. P. 4(a)(4).
Federal Rule of Civil Procedure 60 allows a court to relieve a party from
a final judgment or order for the following reasons:
(1) Mistake, inadvertence, surprise, or excusable neglect;
(2) Newly discovered evidence…;
(4) The judgment is void;
(5) The judgment has been satisfied, released, or discharged; it is
based on an earlier judgment that has been reversed or vacated;
or applying it prospectively is no longer equitable; or
(6) Any other reason that justifies relief.
Brooks’ motion claims Sawyer waived service on August 28, 2020, and requests
a default judgment against Sawyer. But the only waiver of service Brooks
filed—which is dated August 28, 2020—is signed by Lavon Cardenas, a nonparty to this action.
Brooks has not shown that Sawyer waived service.
Sawyer is thus not in default, and the Court finds no good cause under Rule 60
to relieve Brooks from its Order (Doc. 14) dismissing this case without
prejudice for failing to timely serve Defendants.
Accordingly, it is now
Plaintiff Rufus Brooks’ motion (Doc. 16) is DENIED.
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DONE and ORDERED in Fort Myers, Florida on November 19, 2020.
Copies: All Parties of Record
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