Thompson-Jones v. Gossage et al

Filing 21

ORDER signed by Judge Rudolph T. Randa on 8/5/2013 DENYING 9 MOTION to Appoint Counsel; DENYING 13 MOTION to add additional complaints. (cc: via US mail to Michael Thompson-Jones at Brown County Jail-with copy of "Answers to Prisoner Litigants' Common Questions")(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MICHAEL THOMPSON-JONES,
Plaintiff,
-vs-

Case No.

13-CV-241

SHERIFF GOSSAGE, CAPTAIN MALCOMSON,
LT. STEFFEN, and CHAPLAIN CARRIE,
Defendants.

ORDER

The plaintiff has filed a motion for appointment of counsel. He asserts that he
is not knowledgeable about the law and has more complaints to bring regarding constitutional
violations at the Brown County Jail. The plaintiff further asserts that he is indigent and has
tried to find an attorney on his own.
The court has discretion to recruit counsel to represent a litigant who is unable
to afford one in a civil case. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013); 28 U.S.C.
§ 1915(e)(1); Ray v. Wexford Health Sources, Inc., 706 F.3d 864, 866-67 (7th Cir. 2013).
As a threshold matter, litigants must make a reasonable attempt to secure private counsel on
their own. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). If the plaintiff makes a
reasonable attempt to secure counsel, the court must examine “whether the difficulty of the
case – factually and legally – exceeds the particular plaintiff’s capacity as a layperson to

coherently present it.” Navejar, 781 F.3d at 696 (citing Pruitt, 503 F.3d at 655). This
inquiry focuses not only the plaintiff’s ability to try his case, but also includes other “tasks
that normally attend litigation” such as “evidence gathering” and “preparing and responding
to motions.” Id.
In this case, the plaintiff asserts that he attempted to obtain a lawyer on his
own. However, he has submitted a comprehensive complaint and multiple additional filings.
The plaintiff’s filings reveal that he is competent to proceed on his own at this time. Thus,
his motion for counsel will be denied.
The plaintiff has also filed a motion to add additional complaints which appears
to seek adding claims to this case. However, the plaintiff is advised that if he wants to amend
the complaint he must file a motion to amend the complaint along with a proposed amended
complaint. Any amended complaint must reproduce the entire complaint as amended, and
may not incorporate any prior complaint by reference. Civil L. R. 15(a) (E.D. Wis.). A
motion to amend the complaint must state specifically what changes are sought by the
proposed amendments and the proposed amended complaint must be filed as an attachment
to the motion to amend. Civil L.R. 15(b) (E.D. Wis.).
IT IS THEREFORE ORDERED that the plaintiff’s motion for appointment
of counsel (Docket # 9) is denied.
IT IS FURTHER ORDERED that the plaintiff’s motion to add additional
complaints (Docket # 13) is denied.

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IT IS FURTHER ORDERED that the Clerk’s Office send the plaintiff a pro
se guide, Answers to Prisoner Litigants’ Common Questions.
Dated at Milwaukee, Wisconsin, this 5th day of August, 2013.
SO ORDERED,

HON. RUDOLPH T. RANDA
U. S. District Judge

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