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DiPietro v. The Department of Corrections & Its Employees Listed Herein

United States District Court, M.D. Pennsylvania

August 29, 2017

NICODEMO DiPIETRO, Plaintiff
v.
THE DEPARTMENT OF CORRECTIONS & ITS EMPLOYEES LISTED HEREIN, et al., Defendants

          MEMORANDUM

          WILLIAM W. CALDWELL UNITED STATES DISTRICT JUDGE.

         I. Introduction

         Before the Court are a series of motions, often repetitive, filed by Plaintiff concerning discovery issues, the sealing of documents, the appointment of an investigator and counsel. DiPietro did not file a certificate of service in connection with his motions. Defendants did not respond to DiPietro's motions.

         For the reasons that follow DiPietro's motions will be denied.

         II. Background

         Nicodemo DiPietro, an inmate presently housed at SCI-Somerset in Somerset, Pennsylvania, initiated this action on June 1, 2015. (ECF No. 1, Compl.) He filed an Amended Complaint on April 18, 2016. (ECF No. 16, Am. Compl.) DiPietro alleges that twelve Pennsylvania Department of Corrections (DOC) employees violated his First, Eighth and Fourteenth Amendment rights when they failed to protect him from the retaliatory actions of DOC Special Investigations and Intelligence Officer (OSI) Daniel Meinert who placed his life, and that of his family, in danger by labeling him a snitch in an effort to coerce him into becoming an informant.[1] (Id.) In retaliation for his refusal to cooperate, and his filing of grievances complaining of OSI Meinert's actions, DiPietro was subjected to harassing cell searches and prison transfers. (Id.)

         III. Discussion

         A. DiPietro's Failure to Comply with Federal and Local Rules of Procedure

         Federal Rule of Civil Procedure 5(d) requires that a certificate of service must be filed, along with a motion, “within a reasonable time after service.” Fed.R.Civ.P. 5(d)(1). Pennsylvania Middle District Local Rule 4.2 also requires parties to file written proof of service of all motions. Pa. M.D. LR 4.2.

         DiPietro has failed to include written documentation suggesting he properly served defense counsel with any of the motions addressed herein. Defendants have no obligation to respond to motions they were not properly served with. On this basis alone, DiPietro's motions will be denied without prejudice to re-filing with a valid certificate of service. Nonetheless, the Court will address the individual motions below.

         B. Plaintiff's Second Motion for a Court Appointed Investigator (ECF No. 96)

         Pro se litigants are required to bear the costs associated with their discovery efforts. “There is no provision in the [in forma pauperis] statute for the payment by the government of the costs of deposition transcripts, or any other litigation expenses and no other statute authorizes courts to commit federal monies for payment of the necessary expenses in a civil suit brought by an indigent litigant.” Tabron v. Grace, 6 F.3d 147, 159 (3d Cir. 1999).

         DiPietro, in his second motion for a court-appointed investigator, seeks assistance in obtaining copies of news articles that were disseminated “nationwide” and prove OSI Meinert placed his life in danger by “defaming his character.” (ECF No. 96). As Plaintiff was previously advised, in this civil-rights action he is responsible for his own discovery and associated costs. Additionally, it appears DiPietro's motion is moot as he now has a “P.I.” (ECF No. 107, p. 2). Thus, DiPietro's second motion for an investigator will be denied.

         C. DiPietro's Motions to Seal Dockets and Court Opinions ...


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