The opinion of the court was delivered by: Hon. John E. Jones III
THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:
Plaintiff James E. Murphy ("Plaintiff" or "Murphy"), a federal inmate presently confined at the Federal Correctional Institution Cumberland ("FCI Cumberland") in Cumberland, Maryland, initiated the above action pro se by filing a Bivens*fn1 -styled Complaint under the provisions of 28 U.S.C. § 1331. (Doc. 1.) Before service of the Complaint was directed, on September 30, 2010, Murphy filed an Amended Complaint. (Doc. 15.) Named as Defendants are Assistant United States Attorney ("AUSA") Daryl F. Bloom; United States Court Reporter Wendy Yinger; and Murphy's defense attorneys, Dennis E. Boyle, Esquire and Gerald A. Lord, Esquire.
Presently before the Court are Motions to Dismiss the Amended Complaint filed pursuant to Federal Rule of Civil Procedure 12(b)(6) on behalf of Defendants Bloom and Yinger (Doc. 27); Defendant Lord (Doc. 33); and Defendant Boyle (Doc. 44). Also pending is Plaintiff's "Motion to Amend and Supplement the Pleadings". (Doc. 59.) For the reasons set forth below, the Motions to Dismiss will be granted, and Plaintiff's Motion requesting the opportunity to amend and/or supplement his Amended Complaint will be denied as futile.
On December 10, 2008, Murphy was indicted in the United States District Court for the Middle District of Pennsylvania on two counts: conspiracy to distribute cocaine base and conspiracy to distribute, or conspiracy to possess with intent to distribute, heroin in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii), 846. (See USA v. Murphy, Criminal No. 1:08-CR-00433-WWC-1, Doc. 1.) AUSA Bloom was the prosecutor.
On July 14, 2009, a jury found Murphy guilty of the charges. (Id., Doc. 63.)
Dennis E. Boyle, Esquire entered an appearance on Murphy's behalf on February 24, 2009 (id., Doc. 24) and was Murphy's counsel at the time of trial. In a motion filed on September 4, 2009, Murphy sought new counsel to represent him, and Gerald A. Lord, Esquire was appointed to defend him. (Id., Docs. 68, 69.) Thereafter, on December 8, 2009 and March 22, 2010, before Murphy was sentenced, the official transcripts of his criminal trial were filed by United States Court Reporter Wendy Yinger. (Id., Docs. 75, 77, 87, 88.)
On March 19, 2010, Murphy filed a motion seeking to have Attorney Lord removed as his counsel. (Id., Doc. 86.) On April 14, 2010, Attorney Lord also moved to withdraw as counsel. (Id., Doc. 93.) Following a hearing on May 6, 2010, the trial judge denied Lord's motion to withdraw. (Id., Docs. 98, 101.) The May 14, 2010 Order denying the motion noted that, at hearing, Lord stated that he had a fundamental disagreement with Murphy because Murphy wanted him to pursue claims that AUSA Bloom and Ms. Yinger committed fraud in connection with the accuracy of the trial transcript.*fn2 (Id., Doc. 101.)
On May 24, 2010, before he was sentenced, Murphy filed a petition for writ of habeas corpus under the provisions of 28 U.S.C. § 2241, which was assigned to this Member of the Court. (Murphy v. Wetzel, Civil No. 1:10-CV-1107, Doc. 1.) By Memorandum and Order dated May 27, 2010, we dismissed the petition for lack of jurisdiction, and in our Memorandum, we noted that Murphy could raise his issues through direct appeal, and after his judgment of conviction became final, through a motion filed under the provisions of 28 U.S.C. § 2255. (Id., Docs. 5, 6.) Murphy appealed our Memorandum and Order to the United States Court of Appeals for the Third Circuit, and in an Opinion and Order dated October 12, 2010, and entered on December 9, 2010, the dismissal for lack of jurisdiction was affirmed. (Id., Docs. 9, 9-1.)
On June 22, 2010, Murphy was sentenced in his criminal case to 360 months imprisonment, five (5) years supervised release, and to pay various assessments and fines. (See USA v. Murphy, Criminal No. 1:08-CR-00433-WWC-1, Doc. 120.) Murphy filed a direct appeal from his conviction and sentence, which, as of the date of this Memorandum, remains at the briefing stage as Murphy's brief is due on June 30, 2011. (See USA v. Murphy, Third Circuit Court of Appeals Docket No. 10-2896.*fn3
Murphy filed the instant action on August 20, 2010. Before service of the Complaint was directed, on September 30, 2010, Murphy filed an Amended Complaint. (Doc. 15.) By Order dated October 13, 2010, service of the Amended Complaint was directed. (Doc. 18.) On December 7, 2010, a Motion to Dismiss the Amended Complaint was filed on behalf of ...