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

Filing 37

MEMORANDUM OPINION AND ORDER vacating the order to show cause 35 considering Plaintiff's response. Signed by Judge Noel L. Hillman on 6/23/2022. (dmr)(n.m.)

Case 1:17-cv-03647-NLH-SAK Document 37 Filed 06/23/22 Page 1 of 3 PageID: 148

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 37 Filed 06/23/22 Page 2 of 3 PageID: 149

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, the Court directed the Clerk’s Office to send
Plaintiff 285 Forms on three occasions: November 9, 2020 (ECF
No. 17); July 2, 2021 (ECF No. 25); and September 21, 2021 (ECF
No. 29).

The docket indicates the Clerk’s Office complied and

mailed 285 forms on these dates.

ECF Nos. 18, 26, and 30; and

WHEREAS, the Court ordered Plaintiff to show cause why this
matter should not be dismissed for lack of service and failure
to comply with this Court’s orders, ECF No. 35; and
WHEREAS, Plaintiff submitted 285 Forms in response to the
Court’s order, ECF No. 36-1.

He states that he was unable to

complete the forms because he did not have Defendants’
addresses, ECF No. 36; and
WHEREAS, the Court will vacate the Order to Show Cause
because Plaintiff has submitted the requested forms.

The Court

will address Plaintiff’s request for assistance with service
separately.
IT IS therefore on this

23rd

2

day of

June

, 2022,

Case 1:17-cv-03647-NLH-SAK Document 37 Filed 06/23/22 Page 3 of 3 PageID: 150

ORDERED that the order to show cause, ECF No. 35, be, and
hereby is, vacated considering Plaintiff’s response; 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

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