Marquez-Ortiz v. United States

Background

Jerylan Marquez-Ortiz, who was detained at the Metropolitan Detention Center, filed this action without a lawyer. He alleged that he was injured while detained at the Metropolitan Correctional Center. The court construed the complaint as arising under the Federal Tort Claims Act, a federal law that allows certain claims against the United States for injury caused by government employees. The court had previously allowed Marquez-Ortiz to proceed without paying the filing fee in advance.

Substitution of Defendant

The complaint named “John/Jane Doe” as the defendant. The court explained that the United States is the proper defendant in a Federal Tort Claims Act action. Under Rule 21 of the Federal Rules of Civil Procedure, the court directed the Clerk of Court to substitute the United States of America for “John/Jane Doe,” based on Marquez-Ortiz’s pro se status and apparent intent to name the United States.

Service of Process

Because Marquez-Ortiz was allowed to proceed without prepaying fees, the court directed the U.S. Marshals Service to serve the United States. The Clerk was instructed to prepare the required service forms, mark them for service on the United States, issue a summons, and provide the Marshals Service with the necessary documents.

The court extended the time for service to 90 days after the summons is issued. It stated that, if service is not completed within that period, Marquez-Ortiz should request an extension. The order also required him to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Disposition and Effect

The court ordered the substitution of the United States for “John/Jane Doe” and issued directions for service. This was an order concerning the proper defendant and service of process. It did not resolve the merits of Marquez-Ortiz’s alleged injury or determine whether the United States was liable.