The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MOHAMMED NGUIDA, on behalf of
his minor son, J.N.,
v. Case No: 5:24-cv-714-KKM-PRL
LAKE COUNTY SCHOOL DISTRICT,
et al.,
Defendants.
ORDER
This case is before the undersigned upon referral of pro se Plaintiff’s motion to deem
service effective and to authorize alternative service as to Eustis Heights Elementary School.
(Doc. 27). Plaintiff recites that he has attempted to serve the second amended complaint upon
Eustis Heights Elementary School via certified mail, but it was returned refused. (Doc. 27).
Plaintiff contends that the school has actual and constructive notice, and that he has also
served the Lake County School District.
As the undersigned previously observed (Doc. 29), the docket reflects irregularities
regarding the returns of service in this case (including regarding Eustis Heights Elementary
School) and the undersigned is not satisfied that the defendants have been properly served.
Plaintiff’s motion is due to be denied.
I. Legal Standards
Federal Rule of Civil Procedure 4(c) provides that service of process shall be completed
by serving a summons and a copy of the complaint on each defendant within the time allowed
under Rule 4(m) by “[a]ny person who is at least 18 years old and not a party.” Fed. R. Civ.
P. 4(c)(1), (2). “[S]ervice of process that is not in ‘substantial compliance’ with the
requirements of the Federal Rules is ineffective to confer personal jurisdiction over the
defendant, even when a defendant has actual notice of the filing of the suit.” Abele v. City of
Brooksville, Fla., 273 F. App'x 809, 811 (11th Cir. 2008) (citing Prewitt Enters. v. OPEC, 353
F.3d 916, 925 (11th Cir. 2003) ).
Under Fed. R. Civ. P. 4(j)(B), a state-created governmental organization must be
served by serving a copy of each in the manner prescribed by that state’s law for serving a
summons or like process on such a defendant. Fla. Stat. § 1001.40 establishes that the
governing body of each district school shall be a district school board, and each district school
board can be served by service of process on the chair of the district school board. If the chair
of the district school board is unavailable, then the district school superintendent, if the
superintendent is unavailable, then a member of the district school board. Id. Additionally
Middle District of Florida courts have held that “no statute, either federal or state permits
service upon a state agency by certified mail.” Yaniga v. Florida Dept. of Transp., No. 8:11-cv-
1371-T-23TBM, 2011 WL 6338910, at *1 (M.D. Fla. Dec. 19, 2011). The same is true for
public school districts. See Haygood v. Orange Cnty. Pub. Schools, No. 6:16-cv-2105-Orl-37GJK,
2017 WL 424035, at *4 (M.D. Fla. Sept. 25, 2017).1
1 Regarding original service, Florida Statutes § 48.031(1)(a) provides:
(1)(a) Service of original process is made by delivering a copy of it to
the person to be served with a copy of the complaint, petition, or other
initial pleading or paper or by leaving the copies at his or her usual
place of abode with any person residing therein who is 15 years of age
or older and informing the person of their contents. Minors who are or
have been married shall be served as provided in this section.
II. Discussion
Plaintiff’s motion to deem service effective or for alternate service as to Eustis Heights
Elementary School (Doc. 27) is due to be denied. Florida law does not permit service of
original process upon a school board by certified mail. See Haygood, 2017 WL 424035, at *4.
As the undersigned previously observed, it does not appear that Plaintiff has properly
completed service of original process as to any defendant in this case, including as to Lake
County School District or Eustis Heights Elementary School. Plaintiff has named seven
defendants in this action and purports to have served them. Yet, no appearance has been
made by any defendant in this action. Further, a review of the documents filed by Plaintiff
suggests that Plaintiff’s attempts to complete service have largely consisted of mailing
documents, and it appears that Plaintiff has failed to comply with the service requirements of
the Federal Rules of Civil Procedure and Florida law.
Further, Plaintiff is cautioned that despite proceeding pro se, he is required to comply
with this Court’s Local Rules, the Federal Rules of Civil Procedure, and the Federal Rules
of Evidence. Plaintiff may obtain a copy of the Local Rules from the Court’s website
(http:w.flmd.uscourts.gov) or by visiting the Office of the Clerk of Court. Also, resources
and information related to proceeding in court without a lawyer, including a handbook
entitled Guide for Proceeding Without a Lawyer, can be located on the Court’s website
(http://www.flmd.uscourts.gov/pro_se/default.htm). Plaintiff should also consult the
Middle District of Florida’s Discovery Handbook for a general discussion of this District’s
discovery practices (see http://www.flmd.uscourts.gov/civil-discovery-handbook).
II. Conclusion
For the forgoing reasons, Plaintiff's motion to deem service effective or for alternate
service as to Eustis Heights Elementary School (Doc. 27) is DENIED.
DONE and ORDERED in Ocala, Florida on June 23, 2025.
fs ee
PHILIP R. LAMMENS
United States Magistrate Judge
Copies furnished to:
Counsel of Record
Unrepresented Parties
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