Lee v. Orange County Jail

Background

Hibah T. Lee, who is being held at the Orange County Jail, brought this action under 42 U.S.C. § 1983 seeking damages. The opinion states that Lee is proceeding without a lawyer and had been granted permission to proceed under the court's process for people who may rely on the court and the U.S. Marshals Service to serve defendants.

Lee initially named eight defendants as John Doe defendants. After the County Attorney for the County of Orange responded to the court's August 25, 2020 order, Lee filed an amended complaint naming those defendants as Lawrence Catletti, Eric Colby, Vincent Dichiaro, Keith Kiszka, Anthony Mele, James Potter, Jesse Weed, and Michael Zappolo.

Service Order

The court held that, because Lee had permission to proceed under that process, she could rely on the court and the U.S. Marshals Service to serve the defendants. Although the usual service deadline is 90 days after the complaint is filed, the court extended Lee's deadline to 90 days after the summonses are issued. The court stated that, if service is not completed within that period, Lee should request an extension of time.

The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each of the eight named defendants, issue summonses, and deliver the required paperwork to the Marshals Service so it could serve the defendants.

Additional Instructions and Disposition

Lee was directed to notify the court in writing if her address changes. The court stated that it may dismiss the action if she fails to provide that notice.

The court directed the Clerk to mail Lee a copy of the order and to complete and transmit the service materials. It also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. This order addressed service and related case administration; the opinion does not decide the merits of Lee's civil-rights claims.