HEFFLEY v. FEDERAL BUREAU OF PRISONS FCI FORT DIX et al

Filing 17

MEMORANDUM OPINION AND ORDER. ORDERED that the notice of call for dismissal, ECF No. 15 , is vacated; ORDERED that the complaint shall proceed; ORDERED that the Clerk shall substitute Christopher Ebinger, Gregory Dobovich, John Mathes, Kevin Bullock, Mark Holterman, and Robert Samynek for Unknown Member Of Extraction Team Employed By FCI Fort Dix on the docket; ORDERED that the Clerk shall mail to Plaintiff a transmittal letter, etc. Signed by Judge Noel L. Hillman on 11/9/2020. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
TRAVIS HEFFLEY,
:
:
Plaintiff,
:
Civ. No. 17-3647 (NLH)(KMW)
:
v.
:
MEMORANDUM OPINION AND ORDER
:
:
FEDERAL BUREAU OF PRISONS
:
FCI FORT DIX, et al.,
:
:
Defendants.
:
______________________________:
APPEARANCES:
Travis Heffley
17225097
Otisville
Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 1000
Otisville, Ny 10963
HILLMAN, District Judge
WHEREAS, Plaintiff Travis Heffley filed a complaint naming
unidentified members of the Extraction Team at FCI Fort Dix as
defendants, ECF No. 1; and
WHEREAS, the Court reviewed the complaint under 28 U.S.C. §
1915(e)(2) and concluded sua sponte dismissal was not
appropriate, ECF No. 7.

However, the Court acknowledged that

the Complaint could not be served on unknown John Doe
defendants, and thus, the Court authorized discovery pursuant to
Federal Rules of Civil Procedure 26(d) and 34(c) limited to

1

discovering the identities of the John Doe members of the Fort
Dix Extraction Team.

Id.; and

WHEREAS, the Court directed the Clerk’s Office provided
blank subpoena forms to Plaintiff and stated that “[i]f the
proposed subpoena comports with the Rules of Civil Procedure and
otherwise meets with the Court’s approval, the Court will direct
service in light of Plaintiff’s in forma pauperis status.”

ECF

No. 9 at 2; and
WHEREAS on March 20, 2019, this Court received four AO88A
subpoenas and ordered the Marshals to serve those subpoenas, see
ECF No. 13; and
WHEREAS, Plaintiff submitted a letter to the Court
containing a Form 583 Report of Incident with the names:
Christopher Ebinger, Gregory Dobovich, John Mathes, Kevin
Bullock, Mark Holterman, and Robert Samynek, see ECF No. 14 at
3; and
WHEREAS, this Court ordered a notice of call for dismissal
on July 22, 2020, ECF No. 15; and
WHEREAS, as the names of the alleged Fort Dix Extraction
Team were never substituted for the John Doe defendants, the
Court vacates the notice of call for dismissal; and
WHEREAS, the Court will order the Clerk to substitute the
provided names for the John Doe defendants and to issue U.S.
Marshal 285 Forms to Plaintiff for service,
2

IT IS therefore on this

9th

day of November, 2020,

ORDERED that the notice of call for dismissal, ECF No. 15,
is vacated; and it is further
ORDERED that the complaint shall proceed; and it is further
ORDERED that the Clerk shall substitute Christopher
Ebinger, Gregory Dobovich, John Mathes, Kevin Bullock, Mark
Holterman, and Robert Samynek for “Unknown Member Of Extraction
Team Employed By FCI Fort Dix” on the docket; and it is further
ORDERED that the Clerk shall mail to Plaintiff a
transmittal letter explaining the procedure for completing
Unites States Marshal (“Marshal”) 285 Forms (“USM-285 Forms”);
and it is further
ORDERED that, once the Marshal receives the USM-285 Form(s)
from Plaintiff and the Marshal so alerts the Clerk, the Clerk
shall issue summons in connection with each USM-285 Form that
has been submitted by Plaintiff, and the Marshal shall serve
summons, the Complaint and this Order to the address specified
on each USM-285 Form, with all costs of service advanced by the
United States 1; and it is further

1

Alternatively, the U.S. Marshal may notify Defendant(s) that an
action has been commenced and request that the defendant(s)
waive personal service of a summons in accordance with Fed. R.
Civ. P. 4(d).
3

ORDERED that Defendant(s) shall file and serve a responsive
pleading within the time specified by Federal Rule of Civil
Procedure 12; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(e)(1) and § 4(a)
of Appendix H of the Local Civil Rules, the Clerk shall notify
Plaintiff of the opportunity to apply in writing to the assigned
judge for the appointment of pro bono counsel; and it is further
ORDERED that, if at any time prior to the filing of a
notice of appearance by Defendant(s), Plaintiff seeks the
appointment of pro bono counsel or other relief, pursuant to
Fed. R. Civ. P. 5(a) and (d), Plaintiff shall (1) serve a copy
of the application by regular mail upon each party at his last
known address and (2) file a Certificate of Service 2; and it is
finally
ORDERED that the Clerk of the Court shall send a copy of
this Order to Plaintiff by regular U.S. mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

2

After an attorney files a notice of appearance on behalf of a
Defendant, the attorney will automatically be electronically
served all documents that are filed in the case.
4