Garner v. Muenchow et al

Filing 108

ORDER signed by Judge Lynn Adelman on 03/17/2018. IT IS ORDERED that plaintiffs motion for order setting a deadline for returning the appeal fee 102 is DENIED. IT IS ORDERED that plaintiffs motion for ruling on appointment of counsel before mediation 105 is DENIED. (cc: all counsel, plaintiff) (lls)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
OSCAR GARNER,
Plaintiff,
v.

Case No. 15-C-777

JAMES MUENCHOW, et al.,
Defendants.

ORDER
This matter comes before me on two pending motions: (1) plaintiff’s motion for
order setting a deadline for returning the appeal fee; and (2) plaintiff’s motion for ruling
on appointment of counsel before mediation.
On December 28, 2017, I ordered defendants to pay plaintiff’s appellate filing fee
($505.00). Docket No. 99. Plaintiff filed a motion, on February 9, 2018, indicating that he
still has not received payment from defendants. Docket No. 102. Defendants explain
that they have already requested two checks for payment of plaintiff’s appellate filing
fee: one to plaintiff in the amount of $82.78 (for the amount plaintiff already paid) and
the other to the Clerk of Court in the amount of $422.22 (the remaining balance of
plaintiff’s appellate filing fee). Docket No. 103. Defendants indicate that it takes about 30
days to process payment and plaintiff should receive payment on or before March 2,
2018. The Clerk of Court received payment on February 21, 2018. Therefore, I will deny
as unnecessary plaintiff’s motion for order setting a deadline for returning the appeal
fee.
On February 1, 2018, I ordered the parties to discuss the possibility of settlement
Docket No. 100. I noted that if the parties could not reach settlement by the April 4,

2018 status conference, I would consider ordering mediation. Id. At this time, plaintiff’s
request for counsel is premature.
For the reasons stated, IT IS ORDERED that plaintiff’s motion for order setting a
deadline for returning the appeal fee (Docket No. 102) is DENIED.
IT IS ORDERED that plaintiff’s motion for ruling on appointment of counsel
before mediation (Docket No. 105) is DENIED.
Dated at Milwaukee, Wisconsin, this 17th day of March, 2018.
s/Lynn Adelman __
LYNN ADELMAN
District Judge

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