UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

JIANTAO ZHAO,

Plaintiff,

v. Case No: 6:25-cv-1682-PGB-LHP

DIRECTOR, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, SECRETARY, U.S. DEPARTMENT OF HOMELAND SECURITY and ATTORNEY GENERAL OF THE UNITED STATES,

Defendants

ORDER Before the Court is pro se Plaintiff’s Motion for Clerk’s Default. Doc. No. 11. On review, the motion (Doc. No. 11) is DENIED without prejudice. First, the motion fails to contain a memorandum of legal authority as required by Local Rule 3.01(b) – citations to Federal Rule of Civil Procedure 55(a) without explanation do not suffice. Relatedly, the motion fails to adequately address, with citation to legal authority, that service of process on Defendants was proper and, specifically, that service by certified mail on “Mail Clerk (Authorized Agent)” at the various offices listed in the proofs of service was sufficient to effect service on these Defendants under governing law. See Doc. Nos. 8-10. See generally United States

v. Donald, No. 3:09-cv-147-J-32HTS,

, at *1 (M.D. Fla. June 24, 2009) (before a Clerk’s default can be entered against a defendant, the Court must determine that the defendant was properly served). See also Fed. R. Civ. P. 4(i); Moon v. Newsome,

(11th Cir. 1989) (a pro se litigant “is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure.”), cert. denied,

(1989). Plaintiff shall file a renewed motion within twenty-one (21) days of this Order, which must include a memorandum of legal authority establishing that service of process on Defendants was proper under applicable law. DONE and ORDERED in Orlando, Florida on November 24, 2025.

LESLIE NOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Unrepresented Parties