Opinion
Civil Action No. 14-1349
11-12-2014
DOUGLAS E. HUMPHREY, Plaintiff, v. JOHN E. WETZEL Jointly and Severally sued in their individual and official capacities; BRIAN COLEMAN Jointly and Severally sued in their individual and official capacities; VINCENT MAZESKI Jointly and Severally sued in their individual and official capacities; CAPT. TREMPUS Jointly and Severally sued in their individual and official capacities; Officer SKOBOL Jointly and Severally Sued in their individual and official Capacities; Officer PEBINGTON Jointly And Severally sued in their individual and official capacities, Defendants.
cc: Douglas E. Humphrey CL-4146 SCI Fayette SPECIAL MAIL - OPEN ONLY IN THE PRESENCE OF THE INMATE P.O. Box 9999 LaBelle, PA 15450-0999 All counsel of record via CM/ECF
Re: ECF No. 15
MEMORANDUM ORDER
Douglas E. Humphrey ("Plaintiff"), an inmate in the State Correctional Institution at Fayette ("SCI-Fayette"), has presented a civil rights complaint, which he has requested leave to prosecute without prepayment of costs, alleging that during the course of his on-going incarceration, Defendants improperly confiscated his personal legal material in violation of his right of access to the courts as provided by the First Amendment.
Presently before this Court is Plaintiff's Motion for Service of a Subpoena by U.S. Marshal, ECF No. 15, by which Plaintiff seeks to have a subpoena served on Fidelity Investments, a non-party to this suit.
The Motion is DENIED without prejudice to being refiled once a dispositive motion and/or an Answer has been filed and the issues clarified. If and when the Motion is refiled, Plaintiff should make clear exactly what he seeks Fidelity Investments to produce to him.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to file an appeal to a District Judge which includes the basis for objection to this Order. Any appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street, Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any appellate rights. Date: November 12, 2014
BY THE COURT,
/s/ Maureen P. Kelly
MAUREEN P. KELLY
CHIEF UNITED STATES MAGISTRATE JUDGE
cc: Douglas E. Humphrey
CL-4146
SCI Fayette
SPECIAL MAIL - OPEN ONLY IN
THE PRESENCE OF THE INMATE
P.O. Box 9999
LaBelle, PA 15450-0999
All counsel of record via CM/ECF