Debose v. United States et al
ORDER granting 22 Motion to Quash. Signed by Magistrate Judge Amanda Arnold Sansone on 11/17/2021. (BEE)
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No.: 8:21-cv-2127-SDM-AAS
UNITED STATES, et al.,
Defendant Gregory Holder moves to quash improper service of process
effected on October 11, 2021. (Doc. 22). Plaintiff Angela Debose opposes the
motion. (Doc. 29).
On October 4, 2021, the Clerk of Court issued a summons addressed to:
Judge Gregory P. Holder (c/o Chief Judge Ronald Ficarrotta), Thirteenth
Judicial Circuit Court, 800 Twiggs Street, Rm. 602, Tampa, FL 33602. (Doc.
15). According to Ms. Dubose’s proof of service, Mr. Dubose was served on
October 11, 2021, by serving the representative of the Thirteenth Judicial
Circuit. (See Doc. 28, p. 20). However, Mr. Holder is retired and is no longer
employed by the Thirteenth Judicial Circuit. (See Doc. 22, p. 1).
Federal Rule of Civil Procedure 4(e) governs service on an individual
within a judicial district of the United States and provides that service of
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process may be accomplished by:
following state law for serving a summons in an action
brought in courts of general jurisdiction in the state where
the district court is located or where service is made; or
doing any of the following:
(A) delivering a copy of the summons and of the complaint
to the individual personally;
(B) leaving a copy of each at the individual’s dwelling or
usual place of abode with someone of suitable age and
discretion who resides there; or
(C) delivering a copy of each to an agent authorized by
appointment or by law to receive service of process.
Ms. Dubose attempted to serve Mr. Holder at his former place of
business. The summons and Second Amended Complaint were not personally
delivered to Mr. Holder or left at his place of abode. Service was also not left
with an agent authorized to accept service on his behalf. Thus, service is
Accordingly, the motion to quash service of process on Gregory Holder
(Doc. 22) is GRANTED.
ORDERED in Tampa, Florida on November 17, 2021.
Case 8:21-cv-02127-SDM-AAS Document 31 Filed 11/17/21 Page 3 of 3 PageID 806
1107 W. Kirby Street
Tampa, Florida 33604
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