Kingsley, Michael v. Raddatz, Kevin

Filing 68

ORDER in response to 67 Email from Plaintiff Michael B. Kingsley. Signed by District Judge Barbara B. Crabb on 12/03/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MICHAEL B. KINGSLEY,
ORDER
Plaintiff,
13-cv-432-bbc
v.
KEVIN RADDATZ,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On December 1, 2014, plaintiff Michael B. Kingsley attempted to file a motion by
submitting an email to the clerk’s office and to defendant’s attorney, Andrew Jones.
Generally, the court does not accept filings sent by email, but, in the interest of avoiding any
further delay in this matter, I will accept this filing on this occasion only. In the future,
plaintiff must follow the instructions for filing documents electronically as set forth in the
court’s “Electronic Filing Procedures,” which have been attached to this order and are also
available at http://www.wiwd.uscourts.gov/sites/default/files/AdminProcedures.pdf.

If

plaintiff has trouble following these instructions, he may contact the help desk at (866)
241-7123 or at [e-mail], on business days from 8:00 am to 4:30
pm.
In his motion, plaintiff asks for a stay in the proceedings or, alternatively, dismissal
without prejudice and assistance in recruiting counsel. As an initial matter, at this late stage

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in the proceedings, I will not allow plaintiff to dismiss this case without prejudice.
Considering all the resources that have been expended at this point, any dismissal will be
with prejudice. Further, plaintiff’s request for a lawyer is much too late to be entertained.
No lawyer would have time to prepare for trial at this point and plaintiff could have made
this request much earlier. In any event, plaintiff has not alleged that he attempted to obtain
counsel on his own, as he is required to do under Jackson v. County of McLean, 953 F.2d
1070 (7th Cir. 1992).
Finally, plaintiff’s reason for requesting these forms of relief is unpersuasive. Plaintiff
alleges that he has not received all of his case file from his former attorney and that some of
the video files he has received are “corrupted” and unviewable. As discussed in the order
dated December 2, 2014, plaintiff had ample opportunity to raise these issues with the court
and has now waived them. Plaintiff also says that his attorney “just recently” told him that
he had failed to send plaintiff other parts of his case file. However, plaintiff does not
identify when the attorney told him this or what the missing parts of the case file are and
why they are important to his case. Accordingly, plaintiff has not shown that he is entitled
to relief.
Once again, I remind plaintiff that the December 8 trial date is firm and his failure
to arrive at the courthouse by 8:30 am on December 8, 2014 may result in dismissal of his
case. If plaintiff no longer wishes to proceed to trial, he must notify the court in writing
immediately so that the jurors who have been summoned may be notified promptly that

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their attendance is no longer required.
Entered this 3d day of December, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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