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

Filing 34

OPINION AND ORDER denying as moot Plaintiff's 31 Motion to Amend Complaint. Signed by Magistrate Judge Sharon A. King on 5/16/2022. (dmr)(n.m.)

Case 1:17-cv-03647-NLH-SAK Document 34 Filed 05/16/22 Page 1 of 2 PageID: 132

[ECF No. 31]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
TRAVIS HEFFLEY,
Plaintiff,

Civil No. 17-3647 (NLH/SAK)

v.
FEDERAL BUREAU OF PRISONS FCI
FORT DIX et al.,
Defendants.
OPINION AND ORDER
This matter is before the Court by way of a Motion for Leave to File an Amended
Complaint [ECF No. 31] (“Motion”) by Plaintiff Travis Heffley, pro se, (“Plaintiff”); and there
being no opposition to the motion; and whereas the Court has an “obligation to liberally construe
a pro se litigant's pleadings” (see Higgs v. Atty. Gen. of the U.S., 655 F.3d 333, 339 (3d Cir. 2011),
as amended, (Sept. 19, 2011)); and whereas the Court finds that Plaintiff seeks to amend the
complaint to name six, rather than five, individual defendants who participated in the alleged
incident underlying his claims; and whereas pursuant to Fed. R. Civ. P. 15(a)(2), leave to amend
pleadings “shall be freely given when justice so requires”; and whereas a court should allow a
party to amend its pleading so long as there is no undue delay, bad faith, dilatory motive, undue
prejudice or futility of the amendment (see Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000));
and whereas the Honorable Noel L. Hillman, U.S.D.J., directed the Clerk to substitute the John
Doe defendants with the names of the six individuals identified in the Form 583 Report of
Incident—Christopher

Ebinger, Gregory Dobovich, John Mathes, Kevin Bullock, Mark
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Holterman, and Robert Samynek (see November 9, 2020 Memorandum and Order [ECF No. 17]);
and whereas Plaintiff’s present motion seeks to add the identical substituted defendants as new
defendants; and whereas the Court finds that Plaintiff’s requested relief was previously granted;
and the Court exercising its discretion to decide Plaintiff’s motion without oral argument (see FED.
R. CIV. P. 78; L. CIV. R. 78.1); and for good cause shown,
IT IS THEREFORE ORDERED this 16th day of May 2022, that Plaintiff’s Motion for
Leave to File an Amended Complaint [ECF No. 31] is DENIED as moot. The six individuals
sought to be added—Christopher Ebinger, Gregory Dobovich, John Mathes, Kevin Bullock, Mark
Holterman, and Robert Samynek—are already named as defendants in this action.

s/ Sharon A. King
.
SHARON A. KING
United States Magistrate Judge

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