Davis v. McKenzie et al

Filing 67

ORDER directing Plaintiff to provide addresses and Amended Summonses for Shamere McKenzie and Sun Gate Foundation within 60 days. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 9/19/2017. (pb00)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-62499-CIV-COHN/SELTZER COREY DAVIS, Plaintiff, vs. SHAMERE MCKENZIE, SUN GATE FOUNDATION, PUBLIC BROADCASTING SERVICE, HANNAH PERRY, Defendants. ________________________________/ ORDER THIS CAUSE has come before the Court upon the District Court’s Order re: Report of Magistrate Judge [DE 56] in which the District Court declined to adopt the undersigned’s recommendation [DE49] that Plaintiff’s claims against Shamere McKenzie and Sun Gate Foundation be dismissed for failure to timely serve those Defendants in accordance with Fed. R. Civ. P. 4(m). The District Court re-referred the matter to the undersigned for disposition of Plaintiff’s claims against Defendants McKenzie and Sun Gate Foundation. To date, Plaintiff has not successfully served either Defendant. The United States Marshal Service has returned the summons to McKenzie un-executed [DE 38], as the address listed on the summons does not exist. Although the Marshal has not yet returned a proof of service upon Sun Gate Foundation, a review of the docket sheet reveals that the summons issued to Sun Gate Foundation improperly listed a Virginia Post Office box number for receipt of service [DE 25]. Accordingly, the undersigned can reasonably assume that Plaintiff has not yet been successful in serving Sun Gate Foundation. In accordance with the Order of the District Court, Plaintiff is entitled to additional time to provide the United States Marshal with proper addresses for Shamere McKenzie and Sun Gate Foundation so that service of process can be made. Therefore, it is hereby ORDERED AND ADJUDGED as follows: 1. Within sixty (60) days from the date of this Order, Plaintiff shall file with the Clerk of the Court amended summonses addressed to Shamere McKenzie and Sun Gate Foundation. The Clerk of the Court shall promptly issue the summonses. 2. Once issued, the United States Marshal Service shall serve the Defendants with the Summonses and a copy of the Complaint. Proof of service (or an affidavit of nonservice) shall thereafter be filed by the Marshal Service as soon as reasonably practicable. DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 19th day of September 2017. Copies to: Counsel via CM/ECF United States Marshal Service and by U.S. Mail to: Corey Davis 42898-053 Federal Correctional Institute McKean Inmate Mail/Parcels PO Box 8000 Bradford PA 16701 2

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