Parker v. Rodriguez

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 18-cv-24953-BLOOM/Otazo-Reyes

DERRICK LAMAR PARKER,

Plaintiff,

v.

SERGEANT LIZANDRO RODRIGUEZ and SERGEANT CORY ARMSTRONG,

Defendants. ___________________________________/

ORDER TO UNSEAL

THIS CAUSE is before the Court upon a sua sponte review of the record. It has come to the Court’s attention that the docket entries for the United States Marshals’ Service of Process Receipt and Return are currently under seal and are therefore not accessible to the public. See ECF Nos. [22] & [36]. These filings establish that Defendants Sergeant Lizandro Rodriguez and Sergeant Cory Armstrong were each personally served by the U.S. Marshal with the Summons and Complaint in this case. Id. Moreover, as this Court’s prior orders explain, the Clerk has now entered default against Defendant Rodriguez due to his repeated failure to answer or otherwise appear in this action upon being properly served. See ECF Nos. [30], [31], & [32]. Given the default proceedings against Defendant Rodriguez, the Court finds that the returns demonstrating that service was properly effectuated on each Defendant must be accessible on the public docket. See ECF No. [31] (cautioning Defendant Rodriguez that the failure to respond to the Complaint and/or to move to set aside the Clerk’s Default by February 8, 2021, may result in the entry of a default final judgment against him”); see also Rismed Oncology Sys., Inc. v. Baron, 638 F. App’x 800, 805-06 Case No. 18-cv-24953-BLOOM/Otazo-Reyes

(11th Cir. 2015) (noting that, before entering default judgment, the Court must ensure proper service of process because “insufficient service of process on a party operates to prohibit a court from entering a default judgment against that party”); Kelly v. Florida, 233 F. App’x 883, 884 (11th Cir. 2007) (“Generally, where service of process is insufficient, a district court lacks personal jurisdiction over a defendant and, therefore, has no power to render judgment over that defendant.”). Accordingly, it is ORDERED AND ADJUDGED that the Clerk of Court is directed to UNSEAL the Process Receipt and Returns, ECF Nos. [22] & [36]. DONE AND ORDERED in Chambers at Miami, Florida, on January 28, 2021.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Derrick Lamar Parker 75999 Nassau County Jail Inmate Mail/Parcels 76212 Nicholas Cutinna Yulee, Florida 32097 Sgt. Lizandro Rodriguez Set. Cory Armstrong Dade Correctional Institution 19000 SW 377th Street Homestead, Florida 33034 Sgt. Lizandro Rodriguez 20201 SW 200 Street Miami, Florida 33187 Set. Cory Armstrong

205 SW 75 Street Apartment 2R Gainesville, Florida 32607