Moore v. Atlanta, GA Police Department et al

Filing 48

ORDER denying 46 Motion for Reconsideration. Signed by Chief Judge Barbara B. Crabb on 5/22/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O D N E Y C. MOORE, ORDER Plaintiff, 0 9 -c v -2 3 -s lc v. T IM ZIEGLER, JEREMY WRIGHT and TOM SPEECH, D efendan ts. --------------------------------------------P lain tiff has filed a "motion for reconsideration" of this court's order dated May 11, 2009 , in which I denied a motion by plaintiff to expand the scope of the lawsuit. Further, because plaintiff's court filings had been consistently incoherent and confused, I informed plaintiff that I would seek counsel to represent him voluntarily. In his new motion, plaintiff does not discuss my decision to seek counsel for him, so I presume that he does not mean to challenge that portion of the order. (It would be su rp risin g if he did mean to challenge it in light of the three motions for appointment of cou nsel that he has filed. Dkt. ##3, 9 and 25.) Rather, it seems that plaintiff again is arguin g that he should be permitted to include new claims in his lawsuit, such as a challenge

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to his arrest and a request to reinstate the law license of a lawyer who has been disbarred. As I have told plaintiff many times before, this lawsuit is about defendants' alleged failure to protect him from an assault by another prisoner when he was housed at the Wisconsin R esource Center in 2007. The Federal Rules of Civil Procedure do not allow plaintiffs to com bin e claims against different defendants arising from a different set of facts. Once I have located a lawyer willing to represent plaintiff, that lawyer will discuss w ith plaintiff the appropriate scope of the lawsuit and provide advice about how to proceed. U n til then, the case is stayed and plaintiff should refrain from filing additional motions seeking to add new claims or requests for relief.

ORDER IT IS ORDERED that plaintiff Rodney Moore's motion for reconsideration, dkt. # 46, is DENIED. E n tered this 22n d day of May, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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