Evans v. Juste

Background

James Earl Evans, Sr., who is proceeding without a lawyer, sued Dr. D. Juste and Jane Does, Hygienist. Evans alleged that the defendants provided inadequate medical care. The court construed the complaint as asserting constitutional claims under 42 U.S.C. § 1983, a federal civil-rights statute, along with state-law claims. The opinion states that Evans was being held at the Orange County Jail.

The court had previously granted Evans permission to proceed without prepaying filing fees. In such cases, the court explained, the U.S. Marshals Service is responsible for serving the summons and complaint after the court reviews the complaint and orders a summons issued.

Service Order

The court instructed the Clerk of Court to issue a summons for Dr. Juste, complete a U.S. Marshals Service process receipt and return form with Dr. Juste’s address, and provide the Marshals Service with the documents needed to complete service. The court extended the time for service to 90 days after the summons is issued. It stated that Evans should request an extension if service is not completed within that period.

The court declined, at that time, to direct the Orange County Jail to assist in identifying the Jane Doe hygienist because the complaint did not allege facts explaining how that defendant was personally involved in the events underlying Evans’s claims. The court also directed Evans to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.

Disposition

The order directed the Clerk of Court to issue the summons and arrange service on Dr. D. Juste through the U.S. Marshals Service. It did not issue an order directing the Orange County Jail to identify the Jane Doe hygienist. The opinion did not decide whether Evans’s medical-care or state-law claims were legally valid.