United States District Court, M.D. Florida, Tampa Division
VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE
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
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).
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).
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. #
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 ...