Collins Bey, Robert v. Haines, Tim et al

Filing 53

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 James D. Peterson on 11/21/2014. (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERT L. COLLINS BEY,
ORDER
Plaintiff,
13-cv-618-bbc
v.
TIM HAINES, PETER HUIBREGTSE,
MICHAEL MEISNER, TONY ASHWORTH,
MARY MILLER, CINDY SAWINSKI,
KAREN ANDERSON, CYNTHIA M. THORPE,
DR. JAMES THORPE, DR. JAMES WOMMACK,
DR. WILLIAM GISWOLD and TOM BOSTON,
Defendants.

In this case, plaintiff Robert L. Collins Bey, an inmate housed at the Wisconsin
Secure Program Facility, is proceeding on Eighth Amendment deliberate indifference and
state law negligence claims regarding defendant prison officials’ alleged failure to provide him
with adequate dental care. In a September 9, 2014 order, the court granted plaintiff’s motion
for the court’s assistance in recruiting counsel to represent him and stayed the proceedings.
Dkt. 49.
The court has successfully located counsel for plaintiff. Attorneys Sarah C. Matt and
Carly J. Zuba of the law firm Littler Mendelson P.C. have agreed to represent plaintiff, with
the understanding that they will serve with no guarantee of compensation for their services. It
is this court’s intention that the scope of the lawyers’ representation extends to proceedings
in this court only.1

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“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.

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
his lawyers and must 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 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 his lawyers even if he
disagrees with some of them. If plaintiff decides at some point not to work with these
lawyers, he is free to end their representation, but plaintiff should be aware that it is unlikely
that the court will recruit a second set of lawyers to represent him.

ORDER
IT IS ORDERED that 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 21st day of November, 2014.
BY THE COURT:
/s/
JAMES D. PETERSON
District Judge

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