Opinion
Civ. No. 13-0175 (RBK) (JS)
08-11-2015
FRANK DIPPOLITO, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants.
MEMORANDUM AND ORDER
Plaintiff is a former federal prisoner who was previously incarcerated at F.C.I. Fort Dix in Fort Dix, New Jersey. He is proceeding pro se with a civil rights complaint pursuant to Bivens v. Six Unknown Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Currently pending before the Court is several defendants' joint motion for judgment on the pleadings with respect to plaintiff's first amended complaint. (See Dkt. No. 29.) That motion was filed on December 3, 2014.
On April 17, 2015, Magistrate Judge Schneider granted plaintiff's motion to amend his first amended complaint and the second amended complaint was deemed filed and served as of April 17, 2015. (See Dkt. No. 48.) Therefore, as plaintiff's operative complaint is now the second amended complaint, defendants' motion for judgment on the pleadings on the first amended complaint will be denied. It is worth noting that defendants have filed two separate motions to dismiss the second amended complaint (including the defendants who filed a motion for judgment on the pleadings on the first amended complaint) (see Dkt. Nos. 50 & 52.) that are also currently pending before the Court. Those motions will be analyzed in due course.
Accordingly, IT IS this 11th day of August, 2015,
ORDERED that defendants' motion for judgment on the pleadings on the first amended complaint (Dkt. No. 29.) is denied as the first amended complaint is no longer the operative complaint in this action; and it is further
ORDERED that the Clerk shall serve this Order on plaintiff by regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
Bivens is the federal counterpart to 42 U.S.C. § 1983. See Walker v. Zenk, 323 F. App'x 144, 145 n.1 (3d Cir. 2009) (per curiam) (citing Egervary v. Young, 366 F.3d 238, 246 (3d Cir. 2004)).