Monette v. Grand Treasure Casino et al

Filing 7

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 6 Motion to Stay. Plaintiff shall have until 3/4/2016 to file an objection to the Report and Recommendation or otherwise file an amended complaint. (BG) Distributed on 1/6/2016. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Shannon Theresa Monette,
Plaintiff,
vs.
Grand Treasure Casino, et. al.,
Defendants.

)
)
)
)
)
)
)
)
)

ORDER

Case No. 4:15-cv-135

The plaintiff, Shannon Theresa Monette (“Monette”), initiated the above-captioned action
pro se in September 2015. She was granted leave to proceed in forma pauperis. Upon screening
her complaint pursuant to 28 U.S.C. § 1915(e)(2), the undersigned concluded that she had failed
to state any cognizable claims. Consequently, on December 8, 2015, the undersigned issued a report
recommending that the court dismiss this matter without prejudice unless she files an amended
complaint by January 15, 2016.
On January 5, 2016, Monette filed what the court construes as a motion to stay this matter
indefinitely. Therein, she advises that the court of turmoil she is experiencing both at home and at
work. She requests that this matter be “suspended” until she is able to resolve issues regarding her
current living arrangements and is otherwise in a better position to prosecute her claims against
defendants.
The court is mindful that Monette is proceeding pro se. It also appreciates the unique
challenges that Monette’s current living arrangements may pose. Nevertheless, it is not inclined to
stay this matter indefinitely as she has request. Instead of staying this matter, the court shall extend
Monette’s deadline to file either an objection to the Report and Recommendation or an amended

1

complaint. This will afford Monette an opportunity to sort out her arrangements make a decision
as to how she wishes to proceed.
Monette’s motion to stay (Docket No. 6) is DENIED. Monette shall have until March 4,
2016, to file an objection to the Report and Recommendation. If, in the interim, Monette files an
amended complaint, the Report and Recommendation shall be held in suspense pending the
undersigned’s screening of the amended complaint. As an aside, it should be noted that, in her
motion, Monette provided the court with alternate address to which she requests all future
correspondence be directed.

The Clerk’s office shall update Monette’s contact information

accordingly.
IT IS SO ORDERED.
Dated this 6th day of January, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

2