Baker v. Humphrey et al

Filing 69

DECISION AND ORDER signed by Judge Lynn Adelman on 12/12/14 granting 47 Motion to Appoint Counsel. The court will attempt to recruit a pro bono attorney to represent plaintiff. Further, denying without prejudice 50 Motion for Extension of Time; 50 Motion to Compel. (cc: all counsel, via USPS to plaintiff) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FONTAINE L. BAKER, SR.,
Plaintiff,
v.

Case No. 14-CV-75

ROBERT HUMPHREY, CORNELL BARRY,
MR. FELBHER, MICHAEL WITT,
SUE NEIL, SUE NYGREN,
JOHN DUNHAM, MICHAEL HOWARD,
ADAM GEGARE, CARL WITKOWSKI,
MICHAEL IVY, ANTHONY WALKER,
BRIAN FABUS, and SCOTT SLOME,
Defendants.

DECISION AND ORDER
Plaintiff has filed a renewed motion for recruitment of pro bono counsel. By this
motion, he asserts that he has satisfied the threshold requirement of trying to find an
attorney on his own. Additionally, plaintiff states that he suffers from psychiatric conditions
for which he is confined at the Wisconsin Resource Center and that such conditions may
interfere with his ability to litigate his case. Plaintiff’s Eighth Amendment medical care
claim is based on allegations that defendants failed to treat his keratitis and corneal
vacularzation eye conditions. This claim is complex and defendants recently filed an
extensive motion for summary judgment. Based on these factors, I find that plaintiff
requires a pro bono attorney. Accordingly, I will grant his motion and attempt to recruit an
attorney to represent him.

Plaintiff has also filed a motion for extension of time to conduct discovery and a
motion to compel. I will deny these motions without prejudice based on my decision to
recruit counsel.
Finally, plaintiff will not be required to respond to defendants’ motion for summary
judgment at this time. Once an attorney is recruited, I will allow additional time for
discovery if warranted and I will set a deadline for plaintiff’s response to defendants’
summary judgment motion.
THEREFORE, IT IS ORDERED that plaintiff’s motion to appoint counsel (Docket
47) is GRANTED. The court will attempt to recruit a pro bono attorney to represent
plaintiff.
IT IS FURTHER ORDERED that plaintiff’s motion for extension of time (Docket 50)
is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that plaintiff’s motion to compel (Docket 50) is DENIED
WITHOUT PREJUDICE.
Dated at Milwaukee, Wisconsin, this 12th day of December, 2014.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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