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

Filing 67

MEMORANDUM OPINION AND ORDER granting Defendant's request for an extension of time for Plaintiff to submit his opposition papers; ORDERED that the motion to dismiss, ECF No. 62 , shall be adjourned until the 6/20/2023 motion day; ORDERED that Plaintiff's opposition is due 6/6/2023. Defendants' reply papers are due 6/13/2023. Signed by Judge Noel L. Hillman on 4/21/2023. (dmr)(n.m.)

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
17225-097
Otisville
Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 1000
Otisville, NY 10963
Plaintiff pro se
Philip R. Sellinger, United States Attorney
Heather Carney Costanzo, Assistant United States Attorney
DOJ-USAO
District Of New Jersey
402 East State Street
Suite 430
Trenton, NJ 08608
Counsel for Defendants
HILLMAN, District Judge
WHEREAS, Plaintiff Travis Heffley filed a complaint
alleging excessive force during a cell extraction at FCI Fort
Dix, ECF No. 1; and

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WHEREAS, Magistrate Judge King appointed counsel for
Plaintiff for the limited purpose of serving Defendants, ECF No.
40.

Defendants have now been served and have moved for

dismissal of the complaint under Federal Rule of Civil Procedure
12(b)(1) and 12(b)(6), ECF No. 62; and
WHEREAS, Magistrate Judge King issued an order terminating
counsel’s representation on April 20, 2023, ECF No. 66.1
Plaintiff is continuing in this matter pro se; and
WHEREAS, Defendants’ motion to dismiss includes electronic
materials: footage of the cell extraction at issue in
Plaintiff’s complaint, see ECF No. 64; and
WHEREAS, Magistrate Judge King entered a Discovery
Confidentiality Order setting forth the terms under which
Plaintiff shall be given access to view the footage, ECF No. 65;
and
WHEREAS, according to Defendants, “BOP policy at FCI
Otisville provides that staff will log his copy of the video in
as discovery, along with a chain of custody, send it to the unit
manager, and upon assessment that it is discovery for a legal
action, log it in to the education department, for Mr. Heffley’s
viewing in the education department.”

ECF No. 64 at 2.

“This

procedure, while time consuming, ensures that Mr. Heffley can

The Court extends its appreciation to appointed counsel for the
time and effort expended on this case.
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safely view the video to prepare his opposition to our motion,
without introducing any security concerns to the BOP
institution.”

Id.; and

WHEREAS, Defendants request that the Court extend
Plaintiff’s time to respond to the motion to dismiss for 45
days, id.; and
WHEREAS, the Court agrees that an extension of time for
Plaintiff to respond to the motion to dismiss is warranted
because of the “time consuming” process that is necessary to
comply with BOP’s security procedures; and
WHEREAS, Magistrate Judge King entered the Discovery
Confidentiality Order on April 19, 2023, ECF No. 65.
days from that date is June 3, 2023.

Forty-five

As that date is a

Saturday, the Court extends the time for Plaintiff to file
opposition until Tuesday, June 6, 2023 to align with the June
20, 2023 motion day.

Fed. R. Civ. P. 6(a)(1)(C); and

WHEREAS, Defendants shall file any reply papers by June 13,
2023,
IT IS therefore on this

21st

day of

April

, 2023,

ORDERED that Defendants’ request for an extension of time
for Plaintiff to submit his opposition papers, ECF No. 64, shall
be, and the same hereby is, GRANTED; and it is further
ORDERED that the motion to dismiss, ECF No. 62, shall be
adjourned until the June 20, 2023 motion day; and it is further
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ORDERED that Plaintiff’s opposition is due June 6, 2023.
Defendants’ reply papers are due June 13, 2023; 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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