STEPHENS v. UNIVERSITY OF FLORIDA et al

Filing 11

ORDER: re 10 Response (TITLED: Answer) to Order to Show Cause filed by CYRIL MARCUS STEPHENS - Suggests that the University of Florida may have waived service. Clerk directed to mail copies of this Order and Docs. 9 and 10 to General Counsel for the University of Florida. Signed by MAGISTRATE JUDGE GARY R JONES on 9/27/2012. (jws)(Copies sent per order.)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION CYRIL MARCUS STEPHENS, Plaintiff, v. CASE NO. 1:12-cv-94-MP-GRJ UNIVERSITY OF FLORIDA, Defendant. _____________________________/ ORDER This matter is before the Court on Plaintiff’s pro se First Amended Complaint. (Doc. 5.) The First Amended Complaint was filed on May 25, 2012, naming the University of Florida as the sole defendant. A summons was issued on June 14, 2012, and the return of service discloses that the University of Florida was served through personal service on Bernard Machen on June 29, 2012. (Docs. 7, 8.) The University of Florida’s answer was due on July 20, 2012, but no answer has been filed and no attorney has appeared on behalf of the defendant. On September 6, 2012, the Court entered an Order directing Plaintiff to show cause why this case should not be dismissed for failure to prosecute. (Doc. 9.) Plaintiff has responded to the Order to Show Cause and suggests that the University of Florida may have waived service. (Doc. 10.) The Clerk is therefore directed to mail copies of this Order, the Order to Show Cause (Doc. 9), and Plaintiff’s Answer to Show Cause Order (Doc.10) to the General Counsel for the University of Florida. Page 2 of 2 Accordingly, it is ORDERED that (1) The Clerk must mail a copy of this Order, the Order to Show Cause (Doc. 9), and Plaintiff’s response to the Order to Show Cause (Doc. 10) to Jamie Lewis Keith, General Counsel for the University of Florida, at PO Box 113125, 123 Tigert Hall, Gainesville, FL 32611. DONE AND ORDERED this 27th day of September, 2012. s/ Gary R. Jones s/GaryR.Jone s/GaryR.Jo GARY R. JONES United States Magistrate Judge Case No: 1:12-cv-94-MP-GRJ

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