Torres v. Zingale

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

ANGEL L. TORRES, Plaintiff, v. Case No: 6:22-cv-1298-WWB-LHP JIM ZINGALE, ANDREA MORELAND, LISA VICKERS, CLARK ROGERS, ANN COFFIN, ANA SAAVEDRA, TIFFANY MOORE RUSSELL, SUPPORT MAGISTRATES OFFICE, STATE ATTORNEY’S OFFICE, JUDITH ROMAN and OFFICE OF CLERK OF COURT, Defendants

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: MOTION REQUEST FOR ENTRY OF CLERKS DEFAULT AND ATTACHED PROOF OF SERVICE AND AFFIDAVITS (Doc. No. 50) FILED: February 16, 2023 THEREON it is ORDERED that the motion is DENIED as moot.

Plaintiff's operative complaint has been dismissed and he has been permitted leave toamend. Doc. No. 54. Accordingly, the motion for Clerk’s default related to the initial complaint is DENIED as moot. Cf. Phoenix Ent. Partners, LLC v. Jellyfish, LLC, No. 3:17cv929/MCR/GRJ, 2018 WL 10517181, at *1 (N.D. Fla. Apr. 12, 2018) (collecting cases for proposition that “federal district courts have consistently concluded that the filing of an amended complaint moots a previous entry of default and/or motion for default judgment”). The Court’s Order to Show Cause (Doc. No. 39) is otherwise DISCHARGED. Plaintiff may renew his request for Clerk’s default, as appropriate, in conjunction with the forthcoming amended complaint.

DONE and ORDERED in Orlando, Florida on April 24, 2023.

LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record Unrepresented Parties -2-