McGinnis v. Orange County Jail
- Vincent Briccetti
- 7:22-cv-03335
- U.S. District Court · Southern District of New York
- 2
In McGinnis v. Orange County Jail, Judge Briccetti ordered help identifying defendants and extended the service deadline.
Jermaine McGinnis, the Orange County Attorney, and the correction officers identified as M. Carter and D. Powel were affected. The order required assistance in identifying and locating those officers for service and extended McGinnis’s service deadline.
What happened
In McGinnis v. Orange County Jail, Jermaine McGinnis filed a lawsuit without a lawyer and was allowed to proceed without paying filing fees. The opinion addresses efforts to serve the defendants with the lawsuit.
The U.S. Marshals Service tried to serve Correction Officer M. Carter, Badge #339, and Correction Officer D. Powel. The service records were returned unsuccessful because Carter was no longer at the Orange County Jail and several people there had the last name Powel.
The court ordered the Orange County Attorney to provide an address for Carter and try to identify which Officer Powel accompanied McGinnis to Garnet Health Medical Center. Judge Briccetti also extended McGinnis’s deadline to serve those defendants to October 19, 2022. The order did not decide the underlying claims.
The detailed version
- McGinnis v. Orange County Jail · No. 7:22-cv-03335
- Vincent Briccetti
- July 21, 2022
Background
Jermaine McGinnis filed this action without a lawyer and was proceeding without paying filing fees. Because he was proceeding without paying filing fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants.
Service efforts
On July 18, 2022, the Marshals Service attempted to serve Correction Officer M. Carter, Badge #339, and Correction Officer D. Powel. The service receipts were returned unsuccessful. The receipt for Carter indicated that Carter was no longer located at the Orange County Jail. The receipt for Powel indicated that multiple individuals at the facility had the last name Powel.
Court’s order
Following a procedure for identifying unknown defendants, the court ordered the Orange County Attorney, by September 19, 2022, to provide an address where Carter could be served and to try to identify the Officer Powel described in McGinnis’s complaint—an officer who accompanied him to Garnet Health Medical Center in 2021 or early 2022.
The court also extended McGinnis’s deadline to serve these defendants to October 19, 2022. The court stated that, if service was not completed by then, McGinnis should request more time. The order concerns service of process and does not resolve the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.