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Prosperous v. McCabe

United States District Court, M.D. Florida, Tampa Division

June 22, 2017

ALEXANDRA LOVE PROSPEROUS, Plaintiff,
v.
AGNES MCCABE, et al., Defendants.

          ORDER

          VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

         This matter comes before the Court sua sponte. After filing her Second Amended Complaint, several returns of service were filed purporting to show service had been effected as to a host of Defendants. The Court takes this opportunity to address service of process and otherwise provide clarity in the record.

         Discussion

         Prosperous initiated this action against a number of Defendants on April 28, 2017. (Doc. # 1). The Clerk's Office issued summonses as to all Defendants named in the Complaint the same day. (Doc. ## 2-34). Before any returns of service were filed or any Defendant appeared, the Court sua sponte dismissed the Complaint and granted Prosperous leave to amend. (Doc. # 36). Thereafter, counsel for The Office of Ken Burke, The St. Petersburg Police Department, the Honorable Sherwood Coleman, the Honorable Jack Hellinger, the Honorable James Pierce, the Honorable Kimberly Todd, and Agnes McCabe, each of whom were named as Defendants in the Complaint, filed notices of appearance. (Doc. ## 38-41).

         Prosperous timely filed her Amended Complaint on May 16, 2017, and, on the same day, the Clerk's Office issued another round of summonses, this time as to all Defendants named in the Amended Complaint. (Doc. ## 44-77). Counsel for an additional three Defendants - Directions for Living, Jessica Long, and Rochelle Noel - filed a notice of appearance on May 18, 2017. (Doc. # 43). The Court dismissed the Amended Complaint sua sponte on May 22, 2017, but again granted Prosperous leave to amend. (Doc. # 78).

         Prior to filing her Second Amended Complaint, Prosperous filed a construed Rule 4(c)(3) motion, seeking an order from the Court compelling the United States Marshal Service to act as her process server. (Doc. # 79). In her construed Rule 4(c)(3) motion, Prosperous stated she “paid the U.S. marshals service for delivery of summons . . . and [was then] informed that [this Court] must grant permission to the U.S. marshals service to continue to provide delivery service of summons.” (Id. at ¶ 3). The Court denied the construed Rule 4(c)(3) motion on May 25, 2017. (Doc. # 84).

         The Second Amended Complaint, which, as of this Order, is the operative complaint, was filed on June 9, 2017. (Doc. # 85). The Second Amended Complaint lists

1. Agnes T. McCabe, Assistant State Attorney;
2. James Obeso, Attorney;
3. Christina L. Sandvoss, Lawyer;
4. Janet R. Schaffer, Lawyer;
5. The Office of Ken Burke, CPA Clerk of Courts;
6. The City of Saint Petersburg;
7. Healthy Start Coalition of Pinellas ...

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