BRAGG v. PETRILLO et al

Filing 21

MEMORANDUM and ORDER Granting 20 MOTION to Reopen Case. The Clerk of the Court shall send Plaintiff copies of 15 Memorandum and Order. Signed by Judge Freda L. Wolfson on 11/21/2017. (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BRIAN KEITH BRAGG,

Civil Action No. 16-8751 (FLW)

Plaintiff,
v.

MEMORANDUM AND ORDER

JENNIFER PETRILLO, et al.,
Defendants.

This matter has been opened to the Court by Plaintiff’s filing of a motion to reopen this
matter. It appearing that:
1.

On July 19, 2017, the Court, in relevant part, proceeded Plaintiff’s § 1983 claims

against Defendant Jennifer Petrillo premised on violations of Plaintiff’s Fourteenth Amendment
right to medical privacy and First Amendment retaliation. (See ECF No. 15.) Although the
Court mailed the USM 285 forms to Petitioner, it appears that Defendant Petrillo has not been
served. 1
2.

On August 31, 2017, Plaintiff submitted a motion for voluntary dismissal, which

was granted by the Court on September 5, 2017. (See ECF Nos. 18, 19.) The Court dismissed
the matter without prejudice and provided Petitioner with 30 days within which to reopen the
case. (See ECF No. 19.)
3.

On September 14, 2017, Plaintiff submitted the instant motion to reopen. (ECF

No. 20.) Plaintiff states in his motion to reopen that he did not receive the Court’s prior Order,
which proceeded the § 1983 claims against Defendant Petrillo. (Id.)

1

The only other Defendants in the case at this time are unserved John Doe Defendants.
1

4.

At this time, the Court will grant the motion to reopen (ECF No. 20) and direct

the Clerk of the Court to send a copy of the Court’s July 19, 2017 Memorandum and Order to
Plaintiff. (ECF No. 15.) The Court will also direct the Clerk of the Court to resend the USM
forms to Plaintiff. Plaintiff is advised that, in the future, he must update the Court regarding any
change in address in compliance with L. Civ. R. 10.1.
IT IS, THEREFORE, on this 21st day of November 2017,
ORDERED that the Clerk of the Court shall mark this case as OPEN so that the Court
may consider Plaintiff’s submission; and it is further
ORDERED that the motion to reopen (ECF No. 20) is GRANTED; and it is further
ORDERED that the Clerk of the Court shall send Plaintiff copies of the Court’s July 19,
2017 Memorandum and Order (ECF No. 15); 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 the Clerk of the Court shall send Plaintiff copies of this Memorandum
and Order via regular mail.

s/Freda L. Wolfson
Freda L. Wolfson
United States District Judge

2