Larocco v. Hillsborough County Sheriff's Office ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DANNY J. LAROCCO, Plaintiff, V. Case No. 8:23-cv-2033-CEH-TGW HILLSBOROUGH COUNTY SHERIFF’S OFFICE, et al., Defendants. ORDER 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