Hopkins v. Dicristi

SHANE HOPKINS New Jersey State Prison Trenton, NJ, Plaintiff, Pro Se.

JAMES T. DUGAN, ATLANTIC COUNTY COUNSEL ATLANTIC COUNTY DEPARTMENT OF LAW, Atlantic City, New Jersey, Attorney for Defendant Joseph Bondiskey.

OPINION

JEROME B. SIMANDLE, Chief District Judge.

I. INTRODUCTION

This matter comes before the Court on Defendant Joseph Bondiskey's ("Defendant") Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6). (Docket Entry 39). Pro se Plaintiff Shane Hopkins ("Plaintiff") did not file an opposition to Defendant's motion. This motion is being considered on the papers pursuant to Fed.R.Civ.P. 78(b). For the reasons set forth below, Defendant's motion shall be granted as Plaintiff has failed to state a claim upon which relief can be granted.

II. BACKGROUND

A. Procedural History

On September 12, 2013, Plaintiff filed this complaint pursuant to 42 U.S.C. § 1983 alleging his constitutional rights under the Interstate Agreement on Detainers ("IAD") were violated by Joseph Bondiskey, the Warden/Administrator of the Atlantic County Justice Facility ("ACJF"), and other New Jersey Department of Corrections employees. (Docket Entry 1).

Defendant filed a Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) on December 12, 2013, (Docket Entry 9), and Plaintiff filed an opposition on December 30, 2013, (Docket Entry 13). Before this Court ruled on the Motion to Dismiss, Plaintiff filed a Motion to Amend the Complaint on June 2, 2014. (Docket Entry 26). Magistrate Judge Karen M. Williams granted the motion and filed the amended complaint on July 18, 2014. (Docket Entries 35 and 36). By Order dated September 16, 2014, this Court dismissed Defendant's dismissal motion as moot. (Docket Entry 53).

Defendant filed the instant Motion to Dismiss the Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6) on August 5, 2014. (Docket Entry 39). Plaintiff did not refile his opposition to the motion.^[1]

B. Factual Background

1. Allegations in the Pleadings

Plaintiff, a convicted prisoner presently incarcerated in the New Jersey State Prison, was arrested and detained in the ACJF on January 14, 2011, pending trial on charges of burglary. (Docket Entry 36 ¶ 16). Shortly after Plaintiff's arrival, John Doe ACJF officials ran Plaintiff's name through the National Crime Information Center database and learned there were outstanding warrants for Plaintiff's arrest from Pennsylvania, Virginia, and South Carolina. (Docket Entry 36 ¶¶ 17-18). An unidentified ACJF official informed Plaintiff about these charges on or about January 20, 2011. (Docket Entry 36 ¶ 19). On that same date, Plaintiff requested "a list of all outstanding warrents [sic] and detainers" filed against him. (Docket Entry 36 ¶ 20). Plaintiff received a response to his request on February 1, 2011, stating "records does not provide system checks of outstanding matters." (Docket Entry 36 ¶ 21).

Plaintiff pled guilty to two counts of third-degree burglary, N.J. STAT. ANN. ¶ 2C:18-2 (West, Westlaw through 2015, c. 24); and two counts of third-degree theft, N.J. STAT. ANN. ¶ 2C:20-3 (West, Westlaw through 2015, c. 24), on March 2, 2011. (Docket Entry 36 at 39-45). As part of the plea bargain, the prosecutor agreed to recommend that "if extradited - [Hopkins] to be entitled to all lawful credit in NJ." (Docket Entry 36 at 41). On April 27, 2011, the trial court sentenced ...