LAROCCO
v.
HILLSBOROUGH COUNTY SHERIFF'S OFFICE

M.D. Fla. | 2023-09-20
No. 8:23-cv-2033
2020 WL 6044557 District Court, M.D. Florida (2023) Positive Treatment
Cited by 1 case

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Holding

A civil action cannot proceed, and default or subpoenas cannot be issued, without a filed complaint.

Facts & Procedural History

Plaintiff, a prisoner, filed a motion for default, a proposed order, a proposed subpoena, and a notice of production. However, the plaintiff failed to…

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Opinion of the Court

Larocco, a Florida prisoner, filed a Motion for Default, a proposed order entering default, a proposed subpoena duces tecum, and a Notice of Production (Doc. 1). Larocco, however, failed to file a complaint. This Court can enter a default and issue a subpoena only after an action is initiated by filing a complaint. See Rule 3, Fed.R.Civ.P. (“A civil action is commenced by filing a complaint with the court.”); In re Managed Care Litig., 2020 WL 6044557, at *3 (D. Or. Oct. 13, 2020) (“[P]ursuant to Rule 45(a)(2), in order to issue a federal subpoena, there must be a ‘pending action.’”’).

Accordingly, this case is DISMISSED without prejudice to Larocco initiating an action by filing a complaint in a new case with a new case number and either paying the filing fee or moving for leave to proceed as a pauper. The Clerk is directed to close this case. ORDERED in Tampa, Florida, on September 20, 2023.

Chal tre t awards No Tsp ped 0. Charlene Edwards Honeywell United States District Judge Copy to: Danny J. Larocco, pro se

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Citator

Cited By

  • Larocco v. Hillsborough Cnty. Sheriff's Off., 2020 WL 6044557 (M.D. Fla. 2023)
    …file a complaint. This Court can enter a default and issue a subpoena only after an action is initiated by filing a complaint. See Rule 3, Fed.R.Civ.P. (“A civil action is commenced by filing a complaint with the court.”); In re Managed Care Litig., 2020 WL 6044557, at *3 (D. Or. Oct. 13, 2020) (“[P]ursuant to Rule 45(a)(2), in order to issue a federal subpoena, there must be a ‘pending action.’”’). Accordingly, this case is DISMISSED without prejudice to Larocco initiating an action by filing a complaint in a…

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