Day v. Ellison

U.S. District Court, District of Minnesota

Day v. Ellison

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                

Roger Jerome Day, M.D.,                   Civ. No. 23-3826 (PAM/ECW)      

          Plaintiff,                                                 

v.                                                        ORDER           

Keith Ellison, Tim Walz, and Dan Ganin,                                   
in their personal and official capacities,                                

          Defendants.                                                

This  matter  is  before  the  Court  on  Plaintiff’s  Motion  for  Leave  to  File  Late 
Memorandum in Opposition.  (Docket No. 19.)  Plaintiff seeks additional time to submit 
a response to Defendants’ Motion to Dismiss and further asks the Court to refer this 
matter to the Early Settlement Conference Project or “strike down/vacate/injunctively-
rescind [sic] Public Action 6-17-05 in the Matter of MN Physician License #33984.”  (Id. 
at 1-3.)                                                                  
Plaintiff  contends  that  he  “ha[s]  a  profound  litigation-affecting  disability”, 
impeding  his  ability  to  “create  detailed  documents  and  meet  deadlines  for  written 
submissions, necessitating leave for late filing and/or oral submission of pleadings.”  (Id. 
at 1.)  Plaintiff provides no further information regarding a disability.  He impliedly asks 
the Court to research previous lawsuits to find evidence of his disability, but the Court 
will not conduct independent research in search of support for Plaintiff’s assertions.  In 
any event, Plaintiff responded expeditiously to the Court’s Order dismissing this lawsuit 
for failure to prosecute, thus belying Plaintiff’s assertion that a disability prevents him 
from timely submitting a response.                                        

Plaintiff’s pro se status does not relieve him of the obligation to comply with the 
District of Minnesota’s Local Rules or the Federal Rules of Civil Procedure.  Soliman v. 
Johanns, 
412 F.3d 920, 922
 (8th Cir. 2005) (“Even pro se litigants must comply with 
court rules and directives.”) (citation omitted).  The Court does not find that an extension 
is  warranted,  and  thus  denies  Plaintiff’s  Motion  for  more  time  to  file  a  response.  
Additionally, the Court will not grant Plaintiff’s request to refer this matter to the Early 

Settlement Conference Project.                                            
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to  
Dated: July 31, 2024                   s/ Paul A. Magnuson                
                                  Paul A. Magnuson                   
                                  United States District Court Judge 

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                

Roger Jerome Day, M.D.,                   Civ. No. 23-3826 (PAM/ECW)      

          Plaintiff,                                                 

v.                                                        ORDER           

Keith Ellison, Tim Walz, and Dan Ganin,                                   
in their personal and official capacities,                                

          Defendants.                                                

This  matter  is  before  the  Court  on  Plaintiff’s  Motion  for  Leave  to  File  Late 
Memorandum in Opposition.  (Docket No. 19.)  Plaintiff seeks additional time to submit 
a response to Defendants’ Motion to Dismiss and further asks the Court to refer this 
matter to the Early Settlement Conference Project or “strike down/vacate/injunctively-
rescind [sic] Public Action 6-17-05 in the Matter of MN Physician License #33984.”  (Id. 
at 1-3.)                                                                  
Plaintiff  contends  that  he  “ha[s]  a  profound  litigation-affecting  disability”, 
impeding  his  ability  to  “create  detailed  documents  and  meet  deadlines  for  written 
submissions, necessitating leave for late filing and/or oral submission of pleadings.”  (Id. 
at 1.)  Plaintiff provides no further information regarding a disability.  He impliedly asks 
the Court to research previous lawsuits to find evidence of his disability, but the Court 
will not conduct independent research in search of support for Plaintiff’s assertions.  In 
any event, Plaintiff responded expeditiously to the Court’s Order dismissing this lawsuit 
for failure to prosecute, thus belying Plaintiff’s assertion that a disability prevents him 
from timely submitting a response.                                        

Plaintiff’s pro se status does not relieve him of the obligation to comply with the 
District of Minnesota’s Local Rules or the Federal Rules of Civil Procedure.  Soliman v. 
Johanns, 
412 F.3d 920, 922
 (8th Cir. 2005) (“Even pro se litigants must comply with 
court rules and directives.”) (citation omitted).  The Court does not find that an extension 
is  warranted,  and  thus  denies  Plaintiff’s  Motion  for  more  time  to  file  a  response.  
Additionally, the Court will not grant Plaintiff’s request to refer this matter to the Early 

Settlement Conference Project.                                            
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to  
Dated: July 31, 2024                   s/ Paul A. Magnuson                
                                  Paul A. Magnuson                   
                                  United States District Court Judge 

Reference

Status
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