Owens v. Orange County Jail

Background

DeSean J. Owens filed this self-represented action alleging that the defendants violated his constitutional rights. The earlier order dismissed E. Colby and Orange County Jail as defendants and substituted Orange County under Rule 21 of the Federal Rules of Civil Procedure. The court directed the U.S. Marshals Service to serve Imam Malik Kedar and Orange County and extended the time for service to 90 days after summonses were issued.

Summonses were issued on September 20, 2022, making December 19, 2022, the service deadline. On December 16, the Marshals Service filed a return stating that service on Kedar was unsuccessful. A marshal had gone to the Orange County Jail, the address listed in the complaint, but a jail employee said Kedar was not employed by the jail. The employee said Kedar worked for a contractor but did not know the contractor’s name or address. The court stated that the Marshals Service had timely served Orange County, although the completed return had not yet been docketed.

Orders

The court ordered Orange County’s counsel to determine where Kedar could be served by January 13, 2023, and to provide that information to Owens and the court. If necessary, the court would then direct the Clerk of Court to provide the address and necessary documents to the Marshals Service.

The court extended Owens’s Rule 4(m) service deadline for Kedar to March 20, 2023. Rule 4(m) governs the time for serving a defendant with the summons and complaint.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the required fees. Chambers was directed to mail the order to Owens and to the Orange County Attorney.