Hamilton v. Greene

Background

Leshawn X. Hamilton, who is detained at Orange County Jail and is proceeding without a lawyer, filed this action against C.O. B. Greene, Shield #372. Hamilton alleges that Greene confiscated his Bible and legal materials in violation of his rights.

In an earlier order dated July 14, 2025, the court granted Hamilton permission to proceed without prepaying filing fees. This permission is called proceeding in forma pauperis, or IFP. The order explains that a prisoner who receives IFP status still must pay the full filing fee through the required statutory process.

Service of the Complaint

Because Hamilton received IFP status, the court stated that he is entitled to assistance from the court and the U.S. Marshals Service in serving Greene. Service is the formal delivery of the lawsuit papers to the defendant. The court also explained that Hamilton could not have completed service before the court reviewed the complaint and ordered the summons to be issued.

Order

The court directed the Clerk of Court to mail Hamilton an information package, issue a summons for Greene, complete the U.S. Marshals Service Process Receipt and Return form with Greene’s address, and provide the Marshals Service with the documents needed to serve Greene. The order extends the service period to 90 days after the summons is issued. If service is not completed within that period, Hamilton must request an extension of time.

The order further requires Hamilton to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so. Judge Jessica G. L. Clarke’s order addresses service and related case administration; it does not decide whether Hamilton’s allegations are legally valid.