Johnson, Ivan v. Tuckwell, Robert et al

Filing 73

ORDER that the clerk of court is directed to set a telephone conference before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the proceedings in this lawsuit. Signed by District Judge Barbara B. Crabb on 6/20/2014. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IVAN JOHNSON,
ORDER
Plaintiff,
12-cv-891-bbc
v.
PAUL SUMNICHT, BELINDA SCHRUBBE,
CHARLENE REITZ, JEREMY STANIEC,
BENJAMIN HILBERT, BONNIE LIND
and JERRICA EAGER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Ivan Johnson is proceeding to trial on claims that various prison officials
violated the Eighth Amendment by failing to give him a pureed diet after he had stomach
surgery. In an order dated June 4, 2014, I stayed the case after granting plaintiff’s motion
for assistance in recruiting counsel.
Tom Heneghan of the law firm Whyte Hirschboeck Dudek S.C. has agreed to
represent plaintiff, with the understanding that he will serve with no guarantee of
compensation for his services. It is this court's intention that the scope of representation
extends to proceedings in this court only. "Proceedings in this court" include all matters
leading up to a final judgment on the merits, the filing of a Notice of Appeal, if appropriate,
and ensuring that all steps are taken to transfer the record to the Court of Appeals for the
Seventh Circuit.
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Additionally, the court intends the scope of representation to be limited to litigating
plaintiff’s current claims at trial. It will be unnecessary for counsel to file an amended
complaint or otherwise relitigate matters already completed, although the court may be
inclined to grant a limited extension of time for further discovery needed to try plaintiff's
current claims, depending on the nature of the request.
Plaintiff should understand that because he is now represented in this case, he may
not communicate directly with the court from this point forward. He must work directly
with counsel and permit him to exercise his professional judgment to determine which
matters are appropriate to bring to the court's attention and in what form. Plaintiff does 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 counsel even if he
disagrees with some of them. If plaintiff decides at some point not to work with counsel, he
is free to end the representation, but he should be aware that it is unlikely that the court will
work to recruit a second set of lawyers to represent him.

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ORDER
IT IS ORDERED that the clerk of court is directed to set a telephone conference
before Magistrate Judge Stephen Crocker to set the schedule for the remainder of the
proceedings in this lawsuit.
Entered this 20th day of June, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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