Case Information
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JOSEPH LUZIER, III,
Plaintiff, v. Case No. 4:24-cv-524-MW-MJF V. HUGGINS, et al . ,
Defendants.
/
ORDER
Plaintiff, a Florida prisoner proceeding pro se , filed an amended civil-rights complaint. Doc. 10. Plaintiff is suing seven prison officials with the Florida Department of Corrections. Plaintiff prepaid the court filing and administrative fees. Doc. 6. [1]
On March 28, 2025, the undersigned ordered Plaintiff to serve process on Defendants by the 90-day deadline, which is June 26, 2025. Doc. 11 (citing Fed. R. Civ. P. 4(m)). In response, Plaintiff has filed a “Motion For Court’s Mercy and Request for Defendants to be Served by Federal Marshals.” Doc. 15. Plaintiff alleges that Plaintiff lacks “necessary financial means to pay a Process Server.” Id . at 1.
Because Plaintiff is not proceeding in forma pauperis , Plaintiff is not entitled to service by a Marshal or someone specially appointed. Rather, the decision to provide that assistance is within the court’s discretion. See Fed. R. Civ. P. 4(c)(3) (providing that a district court “may” order the United States Marshals Service to effectuate service); see also Daker v. Ward , No. 23-10609, 2023 WL 7182358 (11th Cir. Nov. 1, 2023) (denying pro se prisoner’s motion to order Marshal to serve defendants).
The undersigned will deny Plaintiff’s request. Plaintiff’s allegation of “not having necessary financial means to pay a Process Server,” Doc. 15 at 1, is belied by the fact that Plaintiff prepaid the $405.00 court filing and administrative fees. Doc. 6. Also, Plaintiff admitted in previous filings that Plaintiff has money not only in Plaintiff’s inmate trust account but also in a bank account held by Plaintiff’s mother. Doc. 5 at 1.
Plaintiff’s filings also indicate that an attorney has been assisting Plaintiff. An attorney filed a complaint with the FDC on Plaintiff’s behalf regarding Defendants’ conduct in this case. Doc. 10-1, Ex. A (FDC Complaint Form submitted by Loren Rhoton describing Rhoton’s relationship to Plaintiff as “Attorney” and stating that Rhoton was filing the complaint “on behalf of my client Joseph Luzier, DC # E24178”). Also, on February 10, 2025, a person with PACER access assisted Plaintiff in completing the “Prior Litigation” section of the complaint form. Doc. 10-1, Ex. B.
For the reasons stated above, it is ORDERED : 1. Plaintiff’s “Motion for Court’s Mercy and Request for Defendants to be Served by Federal Marshals,” Doc. 15, is DENIED .
2. Plaintiff’s deadline to serve Defendants remains JUNE 26, . 3. Plaintiff’s failure to timely serve a Defendant or obtain that Defendant’s waiver of service likely will result in dismissal of Plaintiff’s claim(s) against that Defendant.
SO ORDERED on May 19, 2025.
/s/ Michael J. Frank Michael J. Frank United States Magistrate Judge
[1] Plaintiff admits that Plaintiff has “three strikes” under 28 U.S.C. § 1915(g). Doc. 1-1 (“Due to me being a 3 strike inmate, I am required to pay the $405.00 filing fee.”).