ROUDABUSH v. BITENER et al
Filing
48
MEMORANDUM AND ORDER denying 39 Motion for Extension of Time to File Response/Reply ; granting 41 Motion for Extension of Time to File Response/Reply ; granting 43 Motion to correct the spelling of Defendant Alatary; Plaintiff's letter request to subpoena witnesses for the Court's hearing on Defendants' response to Plaintiff's Allegation of Imminent Danger of Serious Physical Injury under 28 U.S.C. § 1915(g) (ECF No. 44) is DENIED without prejudice, etc. Signed by Judge Renee Marie Bumb on 9/30/15. (js)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
NOT FOR PUBLICATION
James L. Roudabush, Jr.
Plaintiff,
v.
Lt. Bitener et al.,
Defendants.
:
:
:
:
:
:
:
:
CIV. ACTION NO. 15-3185(RMB)
MEMORADUM AND ORDER
RENÉE MARIE BUMB, U.S. District Judge
This matter comes before the Court upon the following motions
by Plaintiff:
1) motion to extend time to reply to Defendants’
response to claim of imminent danger (ECF No. 39); 2) motion to extend
time to reply to Defendants’ motion to seal records (ECF No. 41);
3) motion for clarification (ECF No. 42); 4) motion to correct
Defendant’s name to “Alatary” (ECF No. 43); and 5) Plaintiff’s letter
request regarding witnesses for the hearing on imminent danger of
serious physical injury under 28 U.S.C. § 1915(g) (ECF No. 44).
Plaintiff’s motion to extend time to reply to Defendants’
response to claim of imminent danger is moot because Plaintiff
subsequently filed his reply on September 24, 2015 (ECF No. 20.)
1
The Court will grant Plaintiff’s motion to extend time to reply
to Defendants’ motion to seal.
Plaintiff sought clarification of whether he needs to serve the
summons and complaint on Defendant Bitener after receiving a waiver
of service from him. Defendant Bitener has waived service under
Federal Rule of Civil Procedure 4(d), and Plaintiff need not serve
the summons and complaint on Bitener. See ECF No. 31 (waiver of
service filed).
Plaintiff moved to correct the spelling of Defendant “Altieri”
to the correct spelling of “Alatary.” This motion will be granted.
Finally, Plaintiff’s letter request to subpoena witnesses will
be denied without prejudice. Plaintiff may submit for the Court’s
consideration written questions he proposes to ask each witness; and
Plaintiff’s basis for believing each witness has relevant
information to the issue of whether Plaintiff was in imminent danger
of serious physical injury when he filed the present complaint on
April 14, 2015.
IT IS on this 30th day of September 2015,
ORDERED that Plaintiff’s motion to extend time to reply to
Defendants’ response to claim of imminent danger (ECF NO. 39) is
2
DENIED as moot because Plaintiff has submitted his reply; and it is
further
ORDERED that Plaintiff’s motion to extend time to reply to
Defendants’ motion to seal (ECF No. 41) is GRANTED; Plaintiff shall
file his reply to Defendants’ motion to seal by October 7, 2015; and
it is further
ORDERED that Plaintiff’s motion to correct the spelling of
Defendant “Alatary” (ECF No. 43) is GRANTED; the Clerk of Court shall
correct the docket entries to reflect the corrected spelling from
“Altieri” to “Alatary”; and it is further
ORDERED that the Clerk of the Court shall reissue the summons
with the corrected spelling of Defendant “Alatary”; and the U.S.
Marshals shall serve the reissued summons and the complaint upon
Defendant Alatary; and it is further
ORDERED that Plaintiff’s letter request to subpoena witnesses
for the Court’s hearing on Defendants’ response to Plaintiff’s
Allegation of Imminent Danger of Serious Physical Injury under 28
U.S.C. § 1915(g) (ECF No. 44) is DENIED without prejudice; Plaintiff
shall submit to this Court for consideration, by October 14, 2014,
written questions to each proposed witness, and Plaintiff’s basis
for believing each witness has relevant information to the issue of
3
whether Plaintiff was in imminent danger of serious physical injury
when he filed the present complaint on April 14, 2015; and it is
further
ORDERED that the Clerk of Court shall send a copy of this
Memorandum and Order to Plaintiff by regular U.S. mail.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?