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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

CAROLYN ANN MILLER,

Plaintiff,

vs. Case No. 4:20cv514-MW-MAF

EBS SECURITY, INC., 

PRINTELLA BUCKHEAD, owner,

Defendants.

____________________________/

O R D E R

The pro se Plaintiff initiated this case in late October 2020, ECF No.

1, and was granted in forma pauperis status, ECF No. 4. After filing

several amended complaints, Plaintiff’s third amended complaint, ECF No.

12, was reviewed and deemed appropriate for service. An Order was

entered on February 16, 2021, which explained the requirements for

service of process and directed the Clerk of Court to issue summonses and

provide them to Plaintiff. ECF No. 13. The docket indicates that was done. 

ECF No. 14.

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However, Plaintiff has not complied with that Order. Instead, it

appears that Plaintiff has returned the summonses to this Court, and that

she also signed the copies of the waiver of service of summons and notice

of the lawsuit and returned them as well instead of serving the Defendants. 

ECF No. 15. There is no indication that Plaintiff sent the waiver forms

along with a copy of her third amended complaint to the Defendants. 

Considering the progress of this case, it now appears unlikely that

Plaintiff will be able to comply with the prior Order, ECF No. 13. Thus,

since Plaintiff was granted in forma pauperis status, the Court will direct the

United States Marshals Service to serve the complaint on Plaintiff’s behalf

as permitted by Rule 4(c).1

 To do so, Plaintiff must provide this Court with

two copies of her third amended complaint, ECF No. 12.2

 The two service

copies must be identical to the third amended complaint as filed with this

Court. Plaintiff shall have until April 2, 2021, to submit the two service

1

 That Rule states: “At the plaintiff's request, the court may order that service be

made by a United States marshal or deputy marshal or by a person specially appointed

by the court. The court must so order if the plaintiff is authorized to proceed in forma

pauperis under 28 U.S.C. §1915 or as a seaman under 28 U.S.C. §1916.” Fed. R. Civ.

P. 4(c)(3).

2

 Rule 4 also provides that “[t]he plaintiff is responsible for having the summons

and complaint served within the time allowed by Rule 4(m) and must furnish the

necessary copies to the person who makes service.” Fed. R. Civ. P. 4(c)(1).

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copies to the Clerk of this Court. Thereafter, another Order will be entered

directing service on the Defendants. Plaintiff must take no further actions

to serve the Defendants. 

Accordingly, it is ORDERED:

1. Plaintiff shall have until April 2, 2021, in which to provide two

copies of her third amended complaint, ECF No. 12, to the Clerk’s Office.

2. Failure to comply with this Court Order may result in a

recommendation of dismissal of this action.

3. Plaintiff must immediately file a notice to the Clerk’s Office should

there be any change in Plaintiff’s mailing address. 

4. The Clerk of Court shall return this file upon receipt of Plaintiff’s

service copies, or later than April 2, 2021.

DONE AND ORDERED on March 12, 2021.

S/ Martin A. Fitzpatrick 

MARTIN A. FITZPATRICK 

UNITED STATES MAGISTRATE JUDGE

Case No. 4:20cv514-MW-MAF

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