Gray v. Fletcher et al

Filing 28

ORDER denying 25 Motion to Stay; denying without prejudice 26 Motion for Summary Judgment; denying without prejudice 27 Motion for Addendum. Signed by Magistrate Judge John Johnston on 7/9/2018. Mailed to Gray (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
NEAL LEWIS GRAY,

CV 17-00083-H-BMM-JTJ

Plaintiff,
vs.

ORDER

WARDEN MICHAEL FLETCHER,
A.W. WILSON, A.W. BEESON,
CAPTAIN ZUBER, MARISA
BOSTWICK, ANNA KROGSTAD,
DAVID HARRIS, C/O HARDING,
AMIE DANIALS, and KARLA IVIE,
Defendants.
Plaintiff Neal Gray, a prisoner proceeding in forma pauperis and without
counsel, has filed a motion for stay and abeyance (Doc. 25), a motion for summary
judgment (Doc. 26), and a motion for addendum (Doc. 27). The motions will be
denied.
I. MOTION FOR STAY AND ABEYANCE
In his first motion, Mr. Gray asks to stay the case due to limited library
access and mail issues at Montana State Prison. He also seeks an investigation
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into the library and mail system at the Prison.
While the Court appreciates the difficulties of litigating a civil rights action
while incarcerated, this is not a sufficient basis upon which to stay this matter
indefinitely. Mr. Gray does not allege any specific interference with his own mail
to or from this Court. Should he encounter such interference, he should
immediately advise the Court. The Court will not, however, delay this matter
indefinitely due to general concerns regarding library access and mail issues.
The motion to stay will be denied.
II. MOTION FOR SUMMARY JUDGMENT
Mr. Gray has also filed a Motion for Summary Judgment. (Doc. 26.) Local
Rule 56.1 requires that:
(a) Any party filing a motion for summary judgment must
simultaneously file a Statement of Undisputed Facts. The Statement
must:
(1) set forth in serial form each fact on which the party relies
to support the motion;
(2) pinpoint cite to a specific pleading, deposition, answer to
interrogatory, admission or affidavit before the court to
support each fact;
(3) be filed separately from the motion and brief; and
(4) immediately upon filing of the motion, be e-mailed in a
word processing format to each party against whom
summary judgment is sought.
Local Rule 56.1(a). Mr. Gray has not filed a Statement of Undisputed Facts in

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accordance with this rule. The motion for summary judgment will therefore be
denied without prejudice.
III. MOTION FOR ADDENDUM
In his Motion for Addendum, Mr. Gray seeks to add five additional
defendants to the current action. Local Rule 15.1 requires that “[w]hen a party
moves for leave to amend or supplement a pleading, the proposed pleading must
be attached to the motion as an exhibit.” Mr. Gray has not complied with this rule,
therefore, the motion will be denied without prejudice.
Based upon the foregoing, the Court issues the following:
ORDER
1. Mr. Gray’s Motion for Stay and Abeyance (Doc. 25) is DENIED.
2. Mr. Gray’s Motion for Summary Judgment (Doc. 26) is DENIED
WITHOUT PREJUDICE and subject to renewal upon compliance with Local Rule
56.1.
3. Mr. Gray’s Motion for Addendum (Doc. 27) is DENIED WITHOUT
PREJUDICE and subject to renewal upon compliance with Local Rule 15.1.
4. At all times during the pendency of this action, Mr. Gray must
immediately advise the Court of any change of address and its effective date.
Failure to file a notice of change of address may result in the dismissal of the
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action for failure to prosecute pursuant to Fed.R.Civ.P. 41(b).
DATED this 9th day of July, 2018.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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