Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Drewry v. Maine Department of Corrections

United States District Court, D. Maine

November 13, 2017

BRANDON B. DREWRY, Plaintiff
v.
MAINE DEPARTMENT OF CORRECTIONS, et al., Defendants

          RECOMMENDED DECISION ON DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT AND ORDER ON MOTION TO COMPEL

          John C. Nivison U.S. Magistrate Judge.

         In this action, Plaintiff Brandon Drewry, a prisoner at the Maine State Prison, alleges that Defendants Thomas Averill, Kevin Court, and Nathan Staples subjected him to cruel and unusual punishment, and that Defendants Harold Abbott and Troy Ross denied him due process during disciplinary proceedings.

         The matter is before the Court on Plaintiff's Motion to Compel Discovery (ECF No. 97) and Defendants' Second Motion for Summary Judgment. (ECF No. 87.) Following a review of the motions and the record, I deny the motion to compel. In addition, I recommend the Court grant the motion for summary judgment.

         I. Procedural Background

         Plaintiff has not filed a response in opposition to Defendants' motion for summary judgment. Plaintiff repeatedly asserted that he lacks the resources or information to file a response to Defendants' motion. Plaintiff's contentions are unavailing. The Court has permitted Plaintiff more than sufficient time to respond to the motion. Rather than file a response to the motion, Plaintiff has filed many other documents. Defendants filed the motion for summary judgment on April 26, 2017. Plaintiff's response, therefore, was due to be filed by May 17, 2017. The court docket reflects the following relevant filings after the filing of the motion for summary judgment:

1. On May 8, 2017, Plaintiff requested an extension of time to respond to the motion for summary judgment. (ECF No. 91.)
2. On May 11, 2017, the Court granted Plaintiff's motion, and extended Plaintiff's response deadline to June 7, 2017. (ECF No. 92.)
3. On May 24, 2017, Plaintiff filed a motion to compel discovery. (ECF No. 97.)
4. On June 5, 2017, Plaintiff filed a motion to extend the deadline to respond to the motion for summary judgment. (ECF No. 101.)
5. On June 6, 2017, the Court extended the deadline for Plaintiff to respond to the motion for summary judgment to June 30, 2017. (ECF No. 102.)
6. On June 13, 2017, Defendants filed their response to Plaintiff's motion to compel. The deadline for Plaintiff's reply in support of the motion to compel was established as June 27, 2017. (ECF No. 103.)
7. On June 23, 2017, Plaintiff filed a motion to extend the deadline to file a reply in support of the motion to compel. (ECF No. 104.)
8. On June 24, 2017, the Court extended the deadline for Plaintiff to file a reply in support of the motion to compel to July 11, 2017. (ECF No. 105.)
9. On July 13, 2017, Plaintiff moved to extend the deadlines for his response to the motion for summary judgment and his reply in support of his motion to compel. (ECF No. 106.)
10. On July 14, 2017, the Court granted Plaintiff's motion, extended the deadline for both filings to August 1, 2017, and in its order wrote: “Given the extensions previously granted, absent extraordinary circumstances, the Court would not expect to grant any further extensions of time.” (ECF No. 107.)
11. On July 31, 2017, Plaintiff filed an objection to the Court's July 14, 2017, Order extending his filings deadline to August 1, 2017. (ECF No. 110.) On August 18, 2017, the Court denied the objection. (ECF No. 114.)
12. On July 31, 2017, Plaintiff filed a motion seeking to extend the deadline for his response to the motion for summary judgment and his reply in support of his motion to compel. (ECF No. 111.) On August 3, 2017, Plaintiff filed a motion to stay proceedings. (ECF No. 113.) On August 28 and September 5, 2017, the Court denied the motions. (ECF Nos. 116, 117.)
13. On September 25, 2017, Plaintiff filed an interlocutory appeal to challenge the Court's order denying the requested extension. (ECF No. 122.) On October 27, 2017, the Court of Appeals for the First Circuit dismissed the appeal. (ECF No. 135.)
14. On September 29, 2017, Plaintiff filed an objection to the order denying his motion to stay. (ECF No. 129.) The Court denied the objection on October 16, 2017. (ECF No. 132.)
15. On October 23, 2017, Plaintiff filed a motion to extend the deadline to object to an order (ECF No. 117) denying his request for an extension of time. (ECF No. 133.) On October 25, 2017, the Court extended the time to November 3, 2017, for Plaintiff to file his objection for his response to the motion for summary judgment. (ECF No. 133.) Plaintiff did not file an objection.
16. On November 3, 2017, Plaintiff filed an interlocutory appeal from the Court's order denying his motion to stay. (ECF No. 136.)
17. On November 6, 2017, Plaintiff filed a motion to extend the time to file an objection to the Court's order denying him additional time to respond to the motion ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.