KNAUSS v. UNITED STATES DEPARTMENT OF JUSTICE et al

Filing 21

ORDER THAT PLAINTIFF'S REQUEST FOR SUBPOENAS TO OBTAIN 911 TAPES IS DENIED WITHOUT PREJUDICE. PLAINITFF'S REQUEST FOR A COPY OF THE DOCKET IN THIS MATTER IS GRANTED. PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL IS DENIED WITHOUT PREJU DICE. PLAINTIFF'S MOTION TO COMPEL THE USMS TO SERVE SCOTT HENERSCHEDT AND JOHN DOE AT KRYSTAL HENDERSCHEDT'S RESIDENCE IS DENIED. PLAINTIFF'S MOTION TO COMPEL THE PRODUCTION OF INCIDENT REPORT BY THE COPLAY POLICE DEPARTMENT IS GRANTE D. PLAINTIFF'S MOTOIN FOR STATUS CONFERENCE AND PRELIMINARY INJUNCTION IS DENIED AND THE CLERK IS DIRECTED TO FURNISH PLAINTIFF WITH A BLANK COPY OF THE STANDARD FORM FOR FILING A PEITITON PURSUANT TO 28 USC 2241 AND A BLANK COPY OF THE STANDARD FORM OR FILING A PETITION PURSUANT TO 28 USC 2254. PLAINTIFF'S MOTION FOR THE COURT TO HAVE SCOTT HENDERSCHEDT SERVED WITH SUMMONS AND COMPLAINT AND MOTION TO COMPEL PRETRIAL DISCOVERY UNDER RULE 34 AND STATUS CONFERENCE AND INVESTIGATION IS DENIED IN PART AND DISMISSED WITHOUT PREJUDICE IN PART. SIGNED BY HONORABLE J. CURTIS JOYNER ON 3/29/11. 4/1/11 ENTERED AND COPIES MAILED TO PRO SE.(mbh, )

KNAUSS v. UNITED STATES DEPARTMENT OF JUSTICE et al

Doc. 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOSEPH RONALD KNAUSS, Plaintiff, v. U.S. DEPARTMENT OF JUSTICE, et al., Defendants. : : : : : : : : : :

CIVIL ACTION NO. 10-cv-02636

ORDER AND NOW, this 29th day of March, 2011, upon

consideration of Plaintiff's motions and requests, and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED as follows: 1. Plaintiff's request for subpoenas to obtain 911 tapes (ECF No. 5) is DENIED without prejudice. 2. Plaintiff's request for a copy of the docket in this matter is GRANTED and the Clerk of Court is directed to furnish Plaintiff with a copy of the docket forthwith. 3. Plaintiff's Motion for Appointment of Counsel (ECF No. 7) is DENIED without prejudice. 4. Plaintiff's Motion to Compel the USMS to Serve Scott Henderschedt and John Doe at Krystal Henderschedt's Residence (ECF No. 12) is DENIED. 5. Plaintiff's Motion to Compel the Production of Incident Reports by the Coplay Police Department (ECF No. 14) is GRANTED as follows:

Dockets.Justia.com

a.

The Clerk of Court is directed to issue to Plaintiff a subpoena, signed but otherwise blank, in accordance with Fed. R. Civ. P. 45(a)(3).

b.

Plaintiff shall complete the subpoena and return it to the United States Marshals Service within fourteen (14) days of the date of entry of this order. Plaintiff shall cooperate with the

Marshals Service in effecting service of the subpoena. c. The United States Marshals Service is directed to serve the subpoena in accordance with Fed. R. Civ. P. 45(b). 6. Plaintiff's "Motion for (Status Conference) and (Preliminary Inju[n]ction) (Habeaus [sic] Corpus)" (ECF No. 17) is DENIED and the Clerk of Court is directed to furnish Plaintiff with: a. A blank copy of the standard form for filing a petition pursuant to 28 U.S.C. § 2241; and b. A blank copy of the standard form for filing a petition pursuant to 28 U.S.C. § 2254.1

It may be the case that Plaintiff is no longer seeking habeas relief. In any event, it is unclear on what grounds Plaintiff initially sought such relief as his representations to the Court were internally inconsistent. Therefore, we are directing the Clerk of Court to furnish Plaintiff with two sets of forms. If Plaintiff is seeking relief as a pretrial detainee, he should complete the 28 U.S.C. § 2241 form. If, on the other hand, Plaintiff is seeking postconviction relief, Plaintiff should complete the 28 U.S.C. § 2254 form. Plaintiff should read carefully the instructions and warnings on both forms before deciding how to proceed.

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7.

The deadline for service of process is extended until June 1, 2011.

8.

Plaintiff shall file an amended complaint within twenty-one (21) days of the date of entry of this Order.

9.

Plaintiff's "Motion for the Court to Have Scott Henderscedt [sic] Served with Summons and Complaint, and Motion to Compell [sic] Pre-Trial Discovery under Rule 34, [and] Status Conference [and] Investigation" (ECF No. 19) is DENIED in part and DISMISSED without prejudice in part.

BY THE COURT:

s/J. Curtis Joyner J. Curtis Joyner, J.

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