Bey v. Myrick

Filing 19

ORDER denying without prejudice 14 second motion for entry of Clerk's default. Signed by Magistrate Judge Amanda Arnold Sansone on 6/11/2018. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALI TAJ BEY
Plaintiff,
v.

Case No. 8:18-cv-960-T-17AAS

CRAIG ALLEN MYRICK,
Defendant.
______________________________________/
ORDER
Ali Taj Bey renews his motion for entry of clerk’s default under Federal Rule of Civil
Procedure 55(a). (Doc. 14). The undersigned denied Mr. Bey’s first motion for clerk’s default
because his proof of service was deficient. (Doc. 10). Specifically, server Arquella Howell
selected the option for serving an organization although Mr. Bey sued Cray Myrick individually.
(Docs. 6, 7, 10).
Mr. Bey’s amended proof of service now indicates Arquella Howell personally served Mr.
Myrick. (Doc. 13). But, in response to the court’s order to show cause why the case should not
be dismissed because Mr. Bey and Mr. Myrick are the same person,1 Mr. Bey asserts he is “the
trustee and real party of interest of the Craig Allen Myrick Trust/Estate, an express trust.” (Doc.
18, p. 1).
Proof of service should include enough information to show the plaintiff properly served
the opposing party. 10 James Wm. Moore et al., Moore’s Federal Practice, § 4.103 (3d ed. 2017).

1

See Bey v. Florida, 8:18-CV-1791-35AEP (M.D. Fla.) (Doc. 1) (stating Craig Allen Myrick is
Ali Taj Bey’s “assumed fictitious name”).
1

Because it is unclear who or what the defendant is in this case, Mr. Myrick’s proof of service fails
to show he properly served the defendant.
Accordingly, Mr. Bey’s second motion for clerk’s default (Doc. 14) is DENIED without
prejudice.
ORDERED in Tampa, Florida on this 11th day of June, 2018.

2