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Michael Lamar Cox v. South Florida Workforce West Dade One Stop Career Center

January 11, 2012

MICHAEL LAMAR COX, PLAINTIFF,
v.
SOUTH FLORIDA WORKFORCE WEST DADE ONE STOP CAREER CENTER, DEFENDANT.



The opinion of the court was delivered by: John J. O'sullivan United States Magistrate Judge

ORDER

THIS MATTER came before the Court sua sponte following a review of the record. The complaint in this case was filed on November 14, 2011. See Complaint under the Civil Rights Act, 42 U.S.C. § 1983 (DE# 1, 11/14/11). Service of process at the government's expense was ordered on November 15, 2011. See Order (DE# 5, 11/15/11). The court file reflects that service was accomplished by the United States Marshal upon Carl Alexis, Center Director, South Florida Work Force West Dade One Stop Career Center, 8485 SW 40 Street, Miami, FL 33155 on December 1, 2011. See Return of Summons (DE# 7, 12/30/11). As of this date no answer or other response has been filed by the defendant as required by Fed.R.Civ.P.12(a) within 20 days of service of the summons and complaint. It would appear that the entry of a Clerk's default against the defendant is appropriate pursuant to Fed.R.Civ.P. 55(a). Rule 55(a) does not state that the Court may sua sponte enter a default. See also Banks v. Vasseller, No. 09-20203-CIV, 2009 WL 4632548, at *1 (S.D. Fla. Apr. 23, 2009) (stating that a "[motion for] default must be requested by the plaintiff, there appearing no authority under the rule or precedent for sua sponte entry of default under such circumstances."). Accordingly, it is ORDERED AND ADJUDGED that as soon as practicable, but no later than Monday, January 30, 2012, the plaintiff shall file a motion for default against the defendant pursuant to Fed.R.Civ.P. 55(a). The plaintiff shall serve a copy of his motion for default on the defendant. The plaintiff's motion shall include a certificate of service indicating that the plaintiff has served the defendant with the motion for default.

Copies to: U.S. District Judge Lenard Mailed by Chambers to: Michael Lamar Cox 279 NE 12 Avenue Apt. A-107 Homestead, FL 33030 Carl Alexis, Center Director, South Florida Work Force West Dade One Stop Career Center 8485 SW 40 Street Miami, FL 33155

20120111

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