REAVES v. TERRE HAUTE REGIONAL HOSPITAL et al

Filing 122

Entry Addressing Pending Motions - 104 Motion to Strike is DENIED. 112 Motion for Extension of Time is GRANTED to the extent that the plaintiff shall have through January 10, 2020, to respond to the motion for summary judgment filed by defen dants Donna Archer, Nicol Brooks, Stefanie Dyar, and Sherry Snyder. 113 Motion to Appoint Counsel is DENIED without prejudice. 119 Barbara Riggs's Motion for Extension of Time is GRANTED to the extent that the following deadlines establis hed in the scheduling order of July 2, 2019, are extended as noted: Discovery Deadline extended to 12/23/2019. Dispositive Motions Deadline extended to 1/24/2020. See Entry for details. Signed by Judge James Patrick Hanlon on 11/20/2019 (Copy mailed to plaintiff). (LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
DOUGLAS A. REAVES,

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Plaintiff,
v.
OFFICER DAVIS, et al.
Defendants.

No. 2:18-cv-00084-JPH-MJD

Entry Addressing Pending Motions
I.
Plaintiff’s Motion to Strike and Motion for Extension of Time
The plaintiff’s motion to strike the motion for summary judgment filed by defendants
Donna Archer, Nicol Brooks, Stefanie Dyar, and Sherry Snyder, dkt. [104], is denied. Under
Federal Rule of Civil Procedure 56(d), the Court may allow time to take discovery if a nonmovant
demonstrates an inability to present facts sufficient to justify its opposition. Fed. R. Civ. P.
56(d)(2). Thus, an extension of time to respond to the motion for summary judgment is appropriate
relief.
Accordingly, the plaintiff’s motion for extension of time, dkt. [112], is granted to the
extent that the plaintiff shall have through January 10, 2020, to respond to the motion for
summary judgment filed by defendants Donna Archer, Nicol Brooks, Stefanie Dyar, and Sherry
Snyder.
II.
Plaintiff’s Motion to Appoint Counsel
The plaintiff has filed a motion to appoint counsel, asking the Court either to appoint
counsel to assist the plaintiff during his deposition or to allow an inmate civil law practitioner to

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attend the deposition to assist the plaintiff. Dkt. 113. In denying two previous motion to appoint
counsel, the Court found that the plaintiff is competent to litigate this action on his own. Dkt. 59;
dkt. 91. The plaintiff has familiarity with the factual circumstances surrounding his legal claims,
and he has demonstrated that he understands and is able to articulate his claims and the
circumstances that produced them.
The plaintiff’s renewed motion to appoint counsel on the basis that he will be deposed does
not present any information to change the Court’s analysis. Litigants in federal civil cases do not
have a constitutional or statutory right to court-appointed counsel, even for depositions. Walker v.
Price, 900 F.3d 933, 938 (7th Cir. 2018). The plaintiff’s demonstrated understanding of his claims
and his familiarity with the factual circumstances underlying them indicate that he is able to
proceed on his own, including by answering questions in a deposition. For these reasons, the
plaintiff’s motion to appoint counsel, dkt. [113], is denied without prejudice.
III.
Defendant Riggs’s Motion for Extension of Time
Defendant Barbara Riggs’s motion for extension of time, dkt. [119], is granted to the
extent that the following deadlines established in the scheduling order of July 2, 2019, are extended
as noted:
Paragraph F – No later than December 23, 2019 – The parties shall complete written
discovery and discovery depositions pursuant to Rules 26 through 37 and 45 of the Federal Rules
of Civil Procedure. This means discovery must be served 30 days before the deadline to allow time
for a response.
Paragraph G – No later than January 24, 2020 – Any party who believes that there is no
genuine issue as to any material fact and that it is entitled to judgment as a matter of law, and

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therefore the case does not need to go to trial, must file its motion under Federal Rule of Civil
Procedure 56 and Local Rule 56-1.
SO ORDERED.

Date: 11/20/2019

Distribution:
DOUGLAS A. REAVES
881987
WABASH VALLEY - CF
WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels
6908 S. Old US Hwy 41
P.O. Box 1111
CARLISLE, IN 47838
Alex Maurice Beeman
REMINGER CO. LPA (Indianapolis)
[e-mail]
Douglass R. Bitner
KATZ KORIN CUNNINGHAM, P.C.
[e-mail]
David C. Dickmeyer
INDIANA ATTORNEY GENERAL
[e-mail]
Marley Genele Hancock
INDIANA ATTORNEY GENERAL
[e-mail]
Britney Jade McMahan
KATZ KORIN CUNNINGHAM, P.C.
[e-mail]
Ronald A. Mingus
REMINGER CO. LPA (Indianapolis)
[e-mail]
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