Bryant v. Cape Girardeau, County of et al

Filing 119

MEMORANDUM AND ORDER re: 116 MOTION for Extension of: a 60 days extension filed by Plaintiff Matthew Glenn Bryant, 115 MOTION to Dismiss Case For Non-Compliance With May 21, 2019 Case Management Order filed by Defendant Ned Boyd, 97 MOTION to Dismiss Case filed by Defendant Charla Earnheart, Defendant Charles Pewitt, 101 MOTION to Dismiss Case filed by Defendant Charla Earnheart, Defendant Advanced Correctional Healthcare, Inc., Defendant Charl es Pewitt. IT IS HEREBY ORDERED that plaintiff Matthew Glenn Bryant's motion for an extension of time [ECF No. 116] is GRANTED. A separate Amended Case Management Order will be issued. IT IS FURTHER ORDERED that the Clerk of Court shall update plaintiff's address on the docket sheet to the address he provided in his motion for an extension of time: "Matthew Glenn Bryant, Federal Transfer Center, P.O. Box 898801, Oklahoma City, OK 73189." IT IS FURTHER ORDERED that plaintiff Matthew Glenn Bryant shall have sixty (60) days from the date of this order to file his response brief, if any, in opposition to the defendants' motion for judgment on the pleadings (ECF No. 106). IT IS FURTHER ORDERED that defendants' moti on to dismiss for failure to comply with case management order deadline [ECF No. 97] is DENIED. IT IS FURTHER ORDERED that defendants' motion to dismiss for failure to notify court of change of address [ECF No. 101] is DENIED. IT IS FURTHER ORD ERED that defendants' motion to dismiss for failure to comply with case management order deadline [ECF No. 115] is DENIED. Plaintiff is warned that failure to comply with this order could result in dismissal of this matter. Signed by District Judge Ronnie L. White on 08/27/19. (CMH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MATTHEW GLENN BRYANT,
Plaintiff,
v.
COUNTY OF CAPE GIRARDEAU, et al.,
Defendants.

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No. 1:18-CV-117 RLW

MEMORANDUM AND ORDER
This matter is before the Court upon four motions to dismiss filed by defendants in this
case. On July 8, 2019, defendants Pewitt and Earnheart filed a motion to dismiss based on
plaintiffs failure to comply with a June 20, 2019, Case Management deadline for the submission
of initial disclosures. See ECF Nos. 90, 97. On July 17, 2019, defendants Pewitt, Earnheart, and
Advanced Correctional Healthcare, Inc. filed a motion to dismiss based on plaintiffs failure to
notify the Court of his address change. ECF No. 101. On July 30, 2019, the same three defendants
filed a motion to dismiss for failure to state a claim upon which relief may be granted. ECF No.
106. On August 14, 2019, defendant Boyd filed a motion to dismiss for plaintiffs non-compliance
with Case Management Order deadlines. ECF No. 115.
Pro se prisoner plaintiff has changed incarceration facilities multiple times in the last two

months. On June 28, 2019, and again on July 29, 2019, plaintiff notified the Court of a change in
address. Now, currently before the Court, plaintiff requests a sixty (60) day extension and notifies
the Court that he has again been transferred to a new detention facility. ECF No. 116. Plaintiff
also notes in his motion that he expects a final transfer, to the location where he will serve out the
remainder of his sentence, in approximately thirty (30) days.

Plaintiffs motion requesting additional time does not specify what deadline he seeks an
extension of - it simply requests a sixty-day extension "of [his] case." ECF No. 116. The Court
previously ordered that if plaintiff wished to respond to the first two motions to dismiss (ECF Nos.
97 & 101), that his response was due by August 20, 2019. See ECF No. 108. Plaintiff has filed
no response. Also, according to defendants' motions to dismiss, plaintiff has failed to comply with
the June 20, 2019, deadline set out in the Case Management Order. See ECF No. 90. Because
plaintiff is proceeding pro se and his frequent transfers over the last few months are out of his
control, the Court will grant an extension of the deadlines in this matter.

I.

Case Management Order Deadlines
Liberally construing plaintiffs motion for an extension of time as a motion seeking an

extension of all missed deadlines, the Court will grant plaintiffs motion and extend the Case
Management Order deadlines in this matter. A separate Amended Case Management Order will
be issued. Plaintiff is warned that he must comply with these deadlines and if an extension of time
is required, plaintiff must request such an extension before the deadline had passed and must
provide good cause for his inability to meet such deadline.

II.

Plaintiff's Responses to Motions to Dismiss
Defendants' motions seeking dismissal based on missed deadlines (ECF Nos. 97 & 115)

and motion for failure to notify the Court of plaintiffs change in address (ECF No. 101) will be
denied. However, plaintiff is warned that he must keep the Court apprised of his current address
under the Local Rules. E.D. Mo. L. R. 2.06(B).
Defendants Pewitt, Earnheart, and Advanced Correctional Healthcare' s "motion to
dismiss" for failure to state a claim shall remain pending. ECF No. 106. Although defendants'
motion is captioned as a motion to dismiss, it is actually a motion for judgment on the pleadings

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because defendants filed an answer prior to filing the motion. See Fed. R. Civ. P. 12(c), ECF No.
43. "Judgment on the pleadings is appropriate when there is no material issue of fact and the
moving party is entitled to judgment as a matter of law." Country Preferred Ins. Co. v. Lee, 918
F.3d 587, 588 (8th Cir. 2019) (internal citation omitted). However, when deciding a motion for
judgment on the pleadings, the court applies the same standard used for a motion to dismiss for
failure to state a claim under Rule 12(b)(6). Edwards v. McSwain, 2018 WL 4679735, at *3 (E.
D. Mo. Sept. 28, 2018). Plaintiff shall have sixty days to file a responsive pleading to defendants'
motion for judgment on the pleadings.
Accordingly,
IT IS HEREBY ORDERED that plaintiff Matthew Glenn Bryant's motion for an
extension of time [ECF No. 116] is GRANTED. A separate Amended Case Management Order
will be issued.
IT IS FURTHER ORDERED that the Clerk of Court shall update plaintiffs address on
the docket sheet to the address he provided in his motion for an extension oftime: "Matthew Glenn
Bryant, Federal Transfer Center, P.O. Box 898801, Oklahoma City, OK 73189."
IT IS FURTHER ORDERED that plaintiff Matthew Glenn Bryant shall have sixty (60)
days from the date of this order to file his response brief, if any, in opposition to the defendants'

motion for judgment on the pleadings (ECF No. 106).
IT IS FURTHER ORDERED that defendants' motion to dismiss for failure to comply
with case management order deadline [ECF No. 97] is DENIED.
IT IS FURTHER ORDERED that defendants' motion to dismiss for failure to notify
court of change of address [ECF No. 101] is DENIED.

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IT IS FURTHER ORDERED that defendants' motion to dismiss for failure to comply
with case management order deadline [ECF No. 115] is DENIED.
Plaintiff is warned that failure to comply with this order could result in dismissal of
this matter.

Dated

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thi~1~ay of August, 2019.

UNITED STATES DISTRICT JUDGE

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