HEFFLEY v. FEDERAL BUREAU OF PRISONS FCI FORT DIX et al
Filing
33
MEMORANDUM OPINION & ORDER administratively terminating 32 Motion for Summary Judgment pending a decision on the motion to amend; ORDERED that the Court will reinstate the summary judgment motion after the motion to amend has been decided. Signed by Judge Noel L. Hillman on 5/11/2022. (dmr)(n.m.)
Case 1:17-cv-03647-NLH-SAK Document 33 Filed 05/11/22 Page 1 of 2 PageID: 130
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
TRAVIS HEFFLEY,
:
:
Plaintiff,
:
Civ. No. 17-3647 (NLH)(SAK)
:
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
Case 1:17-cv-03647-NLH-SAK Document 33 Filed 05/11/22 Page 2 of 2 PageID: 131
discovering the identities of the John Doe members of the Fort
Dix Extraction Team.
Id.; and
WHEREAS, after Plaintiff provided the Court with names for
the John Doe defendants, the Court directed the Clerk’s Office
to substitute the named defendants and to issue U.S. Marshal 285
Forms to Plaintiff for service, ECF No. 13; and
WHEREAS, Plaintiff filed a motion to amend on October 19,
2021.
ECF No. 31.
That motion is presently pending before the
magistrate judge; and
WHEREAS, Plaintiff filed a motion for summary judgment, ECF
No. 32.
The Court concludes it would be premature to rule on
the summary judgment before the motion to amend has been
decided,
IT IS therefore on this 11th day of May, 2022,
ORDERED that the motion for summary judgment, ECF No. 32,
be, and hereby is, administratively terminated pending a
decision on the motion to amend; and it is further
ORDERED that the Court will reinstate the summary judgment
motion after the motion to amend has been decided 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
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