Wilson et al v. Geerdes et al

Filing 50

ORDER - Plaintiff Wilsons motion to amend the complaint to add additional defendants 18 is denied without prejudice to re-filing, if appropriate, through his court-appointed counsel. Plaintiff Wilson's motion to permit the presence of an inmat e advisor at teleconference hearings 17 is denied. Plaintiff Wilson's motion to pay the full filing fee for co-plaintiff Shadle 22 is denied. Plaintiff Shadle's motion to make filing fee payments directly to the court rather than throug h the penal institution 41 is denied. Defendants' motion to restrict access to Wilson's 20 (which includes Shadle's date of birth and social security number) 45 is granted. Filing 20 is now a restricted access filing. Ordered by Magistrate Judge Cheryl R. Zwart. (CS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD BRYAN WILSON, and RILEY
NICOLE SHADLE,
8:16CV524
Plaintiffs,
ORDER

vs.
JASON GEERDES, FRED BRITTEN,
CATHY SHEAIR, SCOTT FRAKES,
BRAD EXSTROM, TROY HAWK, and
RICHARD CRUICKSHANK,
Defendants.

Counsel has now been appointed for Plaintiffs, and he has entered his
appearance.1 (Filing Nos. 47 & 48).

Prior to appointment of counsel, Plaintiffs filed several pro se motions,
including Wilson’s motion to amend and add parties, (Filing No. 18); Wilson’s
motion to require the penitentiary to permit the presence of another inmate at all
court proceedings, (Filing No. 17); Wilson’s motion to permit him to pay Shadle’s
full filing fee, (Filing No. 22); and Shadle’s motion to make payments on the filing
fee directly to the court and not through the penal institution, (Filing No. 41).

Filing 22 and filing 41 are inconsistent: Wilson wants to pay Shadle’s full
filing fee and Shadle wants to make payments. The issue before the court—the
right to marry—is personal as to each plaintiff. It cannot be assigned from one
plaintiff to the other. And absent some clear indication that Shadle agrees to

1

The court sincerely thanks Mr. Gooch for accepting the appointment as
counsel for both plaintiffs in this case.

have Wilson pay the expenses related to this litigation, which is contrary to the
language of Shadle’s own motion, the court will not grant Wilson’s motion to pay
Shadle’s litigation expenses.2
Accordingly,
IT IS ORDERED:
1)

Plaintiff Wilson’s motion to amend the complaint to add additional
defendants, (Filing No. 18), is denied without prejudice to re-filing, if
appropriate, through his court-appointed counsel.

2)

Plaintiff Wilson’s motion to permit the presence of an inmate advisor
at teleconference hearings, (Filing No. 17), is denied.

3)

Plaintiff Wilson’s motion to pay the full filing fee for co-plaintiff
Shadle, (Filing No. 22), is denied.

4)

Plaintiff Shadle’s motion to make filing fee payments directly to the
court rather than through the penal institution, (Filing No. 41), is
denied.

5)

Defendants’ motion to restrict access to Wilson’s filing 20 (which
includes Shadle’s date of birth and social security number), (Filing
No. 45) is granted. Filing 20 is now a restricted access filing.

April 12, 2017.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

2

See Andersen v. Ganz, 6 Neb. App. 224, 230, 572 N.W.2d 414, 418

(1997) (discussing champerty).

2