Thomas v. Derryberry et al

Filing 18

ORDER: Plaintiff is instructed to comply with Rule 4 and to file proof of service once a Defendant has been served. The deadline to accomplish service is May 22, 2017. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/9/2017. (DRW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DERREL LEONARD THOMAS,
Plaintiff,
v.

Case No.

8:16-cv-3482-T-33AEP

SHANE DERRYBERRY, et al.,
Defendants.
/
ORDER
This matter is before the Court sua sponte. Pro se
Plaintiff Derrel Leonard Thomas filed this action on December
23, 2016. (Doc. # 1). Simultaneous with his Complaint, Thomas
moved for leave to proceed in forma pauperis. (Doc. # 2). That
motion was denied on March 23, 2017. (Doc. # 6). Because the
90-day period for completing service of process had expired,
the Court sua sponte granted Thomas a 60-day extension of time
to complete service. (Id.). Thus, the current deadline for
Thomas to complete service and file proof thereof is May 22,
2017.
As of this Order, only two of the seven Defendants have
appeared; one has moved to quash service and the other has
moved to dismiss. (Doc. ## 16, 17). Because the extended
deadline to complete service is approaching, the Court takes
this

opportunity

to

again

explain

effecting service on a Defendant.

the

requirements

for

In every civil case, “a summons must be served with a
copy of the complaint.”

Fed. R. Civ. P. 4(c)(1). The methods

for serving an individual within a judicial district of the
United States are detailed in Rule 4(e). Additionally, “[t]he
plaintiff is responsible for having the summons and complaint
served . . . and must furnish the necessary copies to the
person who makes service.” Fed. R. Civ. P. 4(c)(1). Because of
the previously granted extension of time, the deadline for
Thomas to accomplish service is May 22, 2017, which is 150
days from the date he filed the Complaint.
If

Thomas

is

interested

in

maintaining

the

present

action, he must become familiar with the Federal Rules of
Civil Procedure, along with the Local Rules of the Middle
District of Florida. The Court refers Thomas to its April 12,
2017, Order (Doc. # 13), which provides a non-exhaustive
overview of the rules he must comply with and the consequences
that may stem from his failure to do so.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Plaintiff is instructed to comply with Rule 4 and to file
proof

of

service

once

a

Defendant

has

been

deadline to accomplish service is May 22, 2017.

2

served.

The

DONE and ORDERED in Chambers in Tampa, Florida, this 9th
day of May, 2017.

3