Arnold v. Kelly

Background

Johnathan Arnold, who is incarcerated at the Orange County Jail and is proceeding without a lawyer, brought this action against Orange County Jail correction officers Kelly Rodriguez, Julian Castro, Richard Kastor, Patrick Clune, and Thomas Bruder. Arnold alleges that the defendants assaulted him on January 3, 2024.

The court had previously granted Arnold permission to proceed without paying the filing fee upfront. In such cases, the court must direct the U.S. Marshals Service to serve the defendants. The opinion notes that prisoners may still be required to pay the filing fee over time.

Order

The court instructed the clerk to issue summonses for all five defendants, complete the U.S. Marshals Service service forms using the defendants’ listed addresses, deliver the necessary documents to the Marshals Service, and mail Arnold an information package.

The court stated that the complaint must be served within 90 days after the summonses are issued. If service is not completed by then, Arnold should ask for more time. The court also directed Arnold to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Disposition

Judge Philip M. Halpern entered an order directing service of the complaint through the U.S. Marshals Service. The order addressed service and case administration; it did not decide the merits of Arnold’s assault allegations.