Opinion
Civ. 17-3647 (NLH)(SAK)
04-21-2023
TRAVIS HEFFLEY, Plaintiff, v. FEDERAL BUREAU OF PRISONS FCI FORT DIX, et al., Defendants.
Travis Heffley Otisville Federal Correctional Institution Inmate Mail/Parcels Plaintiff pro se Philip R. Sellinger, United States Attorney Heather Carney Costanzo, Assistant United States Attorney DOJ-USAO District Of New Jersey Counsel for Defendants
Travis Heffley Otisville Federal Correctional Institution Inmate Mail/Parcels Plaintiff pro se
Philip R. Sellinger, United States Attorney Heather Carney Costanzo, Assistant United States Attorney DOJ-USAO District Of New Jersey Counsel for Defendants
MEMORANDUM OPINION AND ORDER
Noel L. Hillman NOEL L. HILLMAN, U.S.D.J.
WHEREAS, Plaintiff Travis Heffley filed a complaint alleging excessive force during a cell extraction at FCI Fort Dix, ECF No. 1; and 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. Plaintiff is continuing in this matter pro se; and
The Court extends its appreciation to appointed counsel for the time and effort expended on this case.
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 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. Forty-five days from that date is June 3, 2023. 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
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.