United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE.
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 ofhis 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 plaintiff s
non-compliance with Case Management Order deadlines. ECF No.
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 ofhis sentence, in
approximately thirty (30) days.
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.
Case Management Order Deadlines
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.
Plaintiffs Responses to Motions to Dismiss
motions seeking dismissal based on missed deadlines (ECF Nos.
97 & 115) and motion for failure to notify the Court of
plaintiff s 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).
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 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.
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.
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 of time:
"Matthew Glenn Bryant, Federal Transfer Center, P.O. Box
898801, Oklahoma City, OK 73189."
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.
IS FURTHER ORDERED that defendants' motion to
dismiss for failure to comply with case management order
deadline [ECF No. 97] is DENIED.
IS FURTHER ORDERED that defendants' motion to
dismiss for failure to notify court of change of ...