Spencer v. Brott et al

Filing 89

ORDER granting 65 Motion for Summary Judgment; denying 80 Motion to Compel; adopting Report and Recommendations re 81 Report and Recommendation; denying 88 Motion for Extension of Time. (Written Opinion) Signed by Judge David S. Doty on 11/1/2021. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Marvin Spencer,

CIVIL NO. 17-5035(DSD/TNL)
Plaintiff,
ORDER

v.
Joel L. Brott, Sheriff; Dr. Todd
Leonard, Physician; Michell Skroch,
BSIU/CCHD Nursing Dir.; Gwen
Blossom England, CNP, RN; Dr. Diana
Vanderbeek, Assistant Physician;
Capt. Tom Zerwas; Sgt. Travis
Lindstrom; Sgt. Brad Bohn, Badge
#3419; c/o Jim Rourke, Badge #3341;
c/o Anne Herbst, Badge #3473; c/o
Johnnie Gilbert; c/o Lisa Shore,
Badge #2163; c/o Joshua Jesberg,
Badge #3304; c/o Catherine Koch,
Badge #2145; c/o Oluwaseun Jibowu,
Badge #3397; c/o Denise Cook;
c/o Tammy Boros; c/o Nicholas Simon,
Badge #3384; c/o Logan Barrett,
Badge #3305; c/o Yvonne Adams,
Badge #1757; c/o Amy Kahler,
Badge #1901; c/o Dan Worber,
Badge #3360; c/o Laura Holmquist,
Badge #1719; and c/o Lori Bennett,
Badge #1409,

Defendants.
________________________________________________________________
Marvin Spencer,

CIVIL NO 17-5220(DSD/TNL)
Plaintiff,

v.
Joel L. Brott, Sheriff; Dr. Todd
Leonard, Physician; Michell Skroch,
Bsiu/Cchd Nursing Dir.; Gwen
Blossom England, CNP, RN; Dr. Diana
Vanderbeek, Assistant Physician; Capt.

Tom Zerwas; Sgt. Aric Hanson, Badge
#3401; Sgt. Rebecca Beal, Badge #3418;
Sgt. Travis Lindstrom, Badge #; Sgt.
Brad Bohn, Badge #3419; c/o Jim Rourke,
Badge #3341; c/o Anne Herbst, Badge
#3473; c/o Johnnie Gilbert, Badge #;
c/o Lisa Shore, Badge #2163; c/o Joshua
Jesberg, Badge #3304; c/o Catherine
Koch, Badge #2145; c/o Oluwaseun Jibowu,
Badge #3397; c/o Denise Cook; c/o
Tammy Boros, Badge #; c/o Nicholas Simon,
Badge #3384; c/o Logan Barrett, Badge
#3305; c/o Yvonne Adams, Badge #1757;
c/o Amy Kahler, Badge #1901; c/o Dan
Worber, Badge #3360; c/o Laura Holmquist,
Badge #1719; c/o Lori Bennett, Badge #1409;
c/o Christopher Hansen, Badge #1074; c/o
Theresa Klinge, Badge #; Jennie R. Thompson,
Rn; Gwendolyn Blossom England, RN; Alyssa
Pfeifer, RN; Michelle Skroch, RN; Mindi
Johnson, CMA; Briony Bohn, LPN; Cassandra
James, RN; and Kayla Hertenstein, RN,
Defendants.
________________________________________________________________
This

matter

is

before

the

court

upon

plaintiff

Marvin

Spencer’s motion for an extension of time to respond to the July
30,

2021,

report

and

recommendation

Magistrate Judge Tony N. Leung.

(R&R)

of

United

States

Based on a review of the file,

record, and proceedings herein, the court denies Spencer’s motion
and adopts the R&R in its entirety.
In his R&R, Judge Leung recommended denial of Spencer’s
motions to appoint counsel and for an order to compel.

Judge Leung

also recommended that the MEnD defendants’ motion for summary

2

judgment be granted. 1

Spencer requested an extension of time to

file a response, which the court granted.

See ECF Nos. 128, 130.

Spencer now seeks another extension, arguing that current prison
restrictions have impeded his ability to pursue his complaint and
that he needs time to research a recent District of Minnesota
decision that he believes is relevant to his case.
Despite his pro se status and present incarceration, Spencer
is

still

subject

to

deadlines

just

like

any

other

litigant.

Although the court recognizes that current prison restrictions and
new legal precedent can, in some circumstances, justify deadline
extensions, those factors are insufficient here.
has

already

granted

Spencer

multiple

First, the court

extensions,

including

additional time to respond to the MEnD defendants’ motion for
summary judgment.

Second, the recent decision Spencer cites is a

case that was decided in August 2020.

Because the case is more

than a year old, Spencer has had ample time to research it and
argue its potential application to his case. Thus, the court finds
that an extension is not warranted.

The defendants moving for summary judgment include Dr. Todd
Leonard, Michelle Skroch, and Gwen Blossom England (MEnD
Defendants). These individuals are the only remaining defendants
in the case, as all of the other originally named defendants have
already been dismissed.
1

3

Accordingly, based on the R&R and the file, record, and
proceedings herein, IT IS HEREBY ORDERED that:
1.

The R&R [ECF Nos. 81, 124] is adopted in its entirety;

2.

Plaintiff’s motion to appoint counsel [ECF No. 122] is

denied;
3.

Plaintiff’s motion for an order to compel [ECF No. 80] is

denied; and
4.

MEnD defendants’ motion for summary judgment [ECF Nos. 65,

105] is granted.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: November 1, 2021
s/David S. Doty
David S. Doty, Judge
United States District Court

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