DIPPOLITO v. THE UNITED STATES OF AMERICA et al

Filing 54

MEMORANDUM AND ORDER Denying 29 Motion for Judgment on the Pleadings. Signed by Judge Robert B. Kugler on 8/11/15. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
FRANK DIPPOLITO,
:
:
Plaintiff,
:
Civ. No. 13-0175 (RBK) (JS)
:
v.
:
:
MEMORANDUM AND ORDER
UNITED STATES OF AMERICA, et al.,
:
:
Defendants.
:
_________________________________________ :
Plaintiff is a former federal prisoner who was previously incarcerated at F.C.I. Fort Dix
in Fort Dix, New Jersey. He is proceeding pro se with a civil rights complaint pursuant to Bivens
v. Six Unknown Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 1 Currently pending
before the Court is several defendants’ joint motion for judgment on the pleadings with respect
to plaintiff’s first amended complaint. (See Dkt. No. 29.) That motion was filed on December 3,
2014.
On April 17, 2015, Magistrate Judge Schneider granted plaintiff’s motion to amend his
first amended complaint and the second amended complaint was deemed filed and served as of
April 17, 2015. (See Dkt. No. 48.) Therefore, as plaintiff’s operative complaint is now the second
amended complaint, defendants’ motion for judgment on the pleadings on the first amended
complaint will be denied. It is worth noting that defendants have filed two separate motions to
dismiss the second amended complaint (including the defendants who filed a motion for
judgment on the pleadings on the first amended complaint) (see Dkt. Nos. 50 & 52.) that are also
currently pending before the Court. Those motions will be analyzed in due course.

1

Bivens is the federal counterpart to 42 U.S.C. § 1983. See Walker v. Zenk, 323 F. App’x 144,
145 n.1 (3d Cir. 2009) (per curiam) (citing Egervary v. Young, 366 F.3d 238, 246 (3d Cir.
2004)).

Accordingly, IT IS this 11th day of August, 2015,
ORDERED that defendants’ motion for judgment on the pleadings on the first amended
complaint (Dkt. No. 29.) is denied as the first amended complaint is no longer the operative
complaint in this action; and it is further
ORDERED that the Clerk shall serve this Order on plaintiff by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

2