WOODS v. WELLS et al
ORDER denying 41 Motion for appointment of counsel and to add another defendant; Counsel for defendant Wells shall be prepared to report during the Nov. 27, 2012, telephonic conference the circumstances under which the plaintiff has been able to review his offender packet; If plaintiff has not been provided access to his packet, counsel shall assist in making those arrangments. (copy to plaintiff via US Mail) Signed by Judge Jane Magnus-Stinson on 11/20/2012. (SMD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
R. WELLS and DR. WILDES,
) No. 2:11-cv-0218-JMS-WGH
Entry Discussing Plaintiff’s Filing of November 13, 2012
The plaintiff’s filing of November 13, 2012 , raises several issues. First,
he complains that he cannot afford to tender witness fees so he will not be able to
present his witnesses at the Pavey hearing set for December 14, 2012, at 2:00 pm.
Second, he seeks the appointment of counsel at the Pavey hearing. Third, he
inquires as to when he should attempt to add a new defendant. Fourth, he asserts
that he has not been permitted to review his offender packet to obtain evidence for
the hearing. Each issue is addressed as follows:
1. As discussed during the telephonic conference of October 17, 2012, there
are no public funds available for the purpose of paying witness fees and mileage.
The plaintiff will be able to testify on his own behalf, question any witnesses who
appear voluntarily, and cross-examine the defendants’ witnesses. Specifically, the
plaintiff will be able to call former Superintendent James Basinger as a witness
only if he timely pays the required fees.
The plaintiff’s request for the appointment of counsel to represent him
at the Pavey hearing is denied because the plaintiff’s comprehensible filings, his
use of the court’s processes, and his familiarity with both the factual circumstances
and legal principles surrounding the issue of exhaustion of administrative remedies
demonstrate that he will be able to adequately represent himself at the court
hearing. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007).
The plaintiff’s request to add another defendant is denied for the
present. If the case survives the exhaustion of administrative remedies defense as
a result of the Pavey hearing, the plaintiff may file a motion for leave to amend
complaint and at that time he shall tender with the motion his proposed amended
Counsel for defendant Wells shall be prepared to report during the
November 27, 2012, telephonic conference the circumstances under which the
plaintiff has been able to review his offender packet as discussed during the October
17, 2012, telephonic conference. If the plaintiff has not be provided access to his
packet, counsel shall assist in making those arrangements.
IT IS SO ORDERED.
Pendleton Correctional Facility
4490 West Reformatory Road
Pendleton, IN 46064
All Electronically Registered Counsel
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
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