Pheil, Brian v. Bowe et al
ORDER appointing counsel in case 10-cv-659-bbc. Plaintiff shall proceed in this case, 10-cv-555-bbc, without the assistance of counsel. I will give him a final chance to submit materials in opposition to defendants motion for summaryjudgment in that case. Plaintiff will have until April 2, 2012 to submit his brief in opposition, proposed findings of fact and responses to defendants' proposed findings of fact. Defendants will have until April 16, 2012 to file their reply. Signed by Magistrate Judge Stephen L. Crocker on 3/6/2012. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JEFFREY PUGH, SGT. BOWE, CO HAND, CO VARLEY,
CO RABUCK and KIMBERLY RICHARDSON,
TAMMY MAASSEN, DR. ADLER,
DR. BRET REYNOLDS and DR. HIRSCHMAN,
Plaintiff Brian Pheil is proceeding in two separate cases in this court on claims that
defendant prison officials withheld medications from him. In a February 3, 2012 order, I granted
plaintiff Brian Pheil’s motion for appointment of counsel in case no. 10-cv-659-bbc and stayed
proceedings in that case in order to locate counsel. I also stayed proceedings in case no. 10-cv-555bbc in the event that plaintiff’s counsel in 10-cv-659-bbc agreed to represent plaintiff in both
Richard Bolton, Jacob Frost and Rebecca Oettinger, members of the W isconsin Bar, have
agreed to represent plaintiff in case no. 10-cv-659-bbc, with the understanding that they will serve
with no guarantee of compensation for their services. It is this court's intention that the
appointment of these attorneys to represent plaintiff extend to proceedings in this court only.1
"Proceedings in this court" include all matters leading up to a final judgment on the merits, the
filing of a N otice of Appeal, if appropriate, and ensuring that all steps are taken to transfer the record to
the Court of Appeals for the Seventh Circuit.
As discussed in the February 3 order, going forward plaintiff must work directly with his
lawyers and permit them to exercise their professional judgment to determine which matters are
appropriate to bring to the court's attention and in what form. Plaintiff will not have the right to
require counsel to raise frivolous arguments or to follow every directive he makes. He should be
prepared to accept the strategic decisions made by his lawyers even if he disagrees with some of
them, and he should understand that it is unlikely that this court will appoint another lawyer to
represent him should plaintiff choose not to work with these appointed lawyers.
Regarding case no. 10-cv-555-bbc, plaintiff will proceed without the assistance of counsel.
I will give him a final chance to submit materials in opposition to defendants’ motion for summary
judgment in that case. Plaintiff will have until April 2, 2012 to submit his brief in opposition,
proposed findings of fact and responses to defendants’ proposed findings of fact. Defendants will
have until April 16, 2012 to file their reply.
It is ORDERED that:
(1)Richard Bolton, Jacob Frost and Rebecca Oettinger are appointed
to represent plaintiff Brian Pheil for the remainder of case no.
10-cv-659-bbc, including all matters leading up to a final judgment
on the merits, the filing of a Notice of Appeal, if appropriate, and
insuring that all steps are taken to transfer the record to the Court
of Appeals for the Seventh Circuit.
(2)A status conference will be held in case no. 10-cv-659-bbc to
determine how to proceed in that case.
(3)Regarding case no. 10-cv-555-bbc, summary judgment briefing
will proceed as discussed above.
Entered this 6 th day of March, 2012.
BY THE COURT:
STEPHEN L. CROCKER
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