Opinion
1:18-cv-3820 (NLH) (AMD)
07-24-2020
JOHN DAVID BAKER, Plaintiff, v. JOHN DOES 1-10, et al., Defendants.
APPEARANCES: John David Baker, No. 57359-018 FCI Fort Dix P.O. Box 2000 Fort Dix, NJ 08640 Plaintiff Pro se
MEMORANDUM OPINION & ORDER
APPEARANCES : John David Baker, No. 57359-018
FCI Fort Dix
P.O. Box 2000
Fort Dix, NJ 08640
Plaintiff Pro se HILLMAN , District Judge
WHEREAS, the Court screened Plaintiff's proposed second amended complaint on April 21, 2020 and permitted Plaintiff's mail tampering claims to proceed, see ECF No. 55; and
WHEREAS, the Court dismissed all defendants except the John Doe defendants against whom Plaintiff raised his mail tampering claims, see id. at 7-8; and
WHEREAS, the Court ordered Plaintiff to file a third amended complaint identifying the John Doe defendants so as to effectuate service, see id. Alternatively, the Court informed Plaintiff that he could request a subpoena be served on FCI Fort Dix through Federal Rule of Civil Procedure 45, see id.; and
WHEREAS, Plaintiff filed a "motion to report defendants' misconduct and to request an extension of time" on June 22, 2020, see ECF No. 57; and
WHEREAS, the Court granted Plaintiff until July 31, 2020 to comply with the Court's April 21 order. ECF No. 58. "[N]on-compliance with the Court's April 21 order within the time set by the Court shall result in a dismissal without prejudice," Id.; and
WHEREAS, Plaintiff filed a motion for an extension of time state he "wishes to wait until his Motion for Reconsideration is ruled upon before proceeding," ECF No. 59 at 1; and
WHEREAS, there is no pending motion for reconsideration. The only filing dated June 12, 2020 is the "motion to report defendants' misconduct and to request an extension of time" that was docketed on June 22, ECF No. 57. That motion did not request reconsideration of any prior order,
THEREFORE, IT IS on this 24th day of July, 2020
ORDERED that Plaintiff's motion for an extension of time, ECF No. 59, is denied. Plaintiff shall have until July 31, 2020 to comply with the Court's April 21 order; and it is further
ORDERED that non-compliance with the Court's April 21 order by July 31, 2020 shall result in a dismissal without prejudice; and it is finally
ORDERED that the Clerk shall send a copy of this order and a print-out of the docket to Plaintiff by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey