Ajala, Mustafa-El v. Swiekatowski, William et al

Filing 106

ORDER that plaintiff may have until August 12, 2015 to file and serve the notice described in this order. If plaintiff does not comply with that deadline, I will construe plaintiff's silence to mean that he no longer wishes to use the interviews at trial. Signed by District Judge Barbara B. Crabb on 7/30/2015. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MUSTAFA-EL K.A. AJALA
formerly known as Dennis E. Jones-El,
ORDER
Plaintiff,
13-cv-638-bbc
v.
WILLIAM SWIEKATOWSKI,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Pro se prisoner Mustafa-El K.A. Ajala is proceeding on a claim that defendant William
Swiekatowski gave plaintiff a conduct report because of his race and religion. Trial is
scheduled for August 24, 2015.
In an order dated July 24, 2015, dkt. #97, I noted plaintiff’s concern regarding
potential difficulties with sending some of his exhibits to the court. In particular, plaintiff
said that he would not be able to comply with shipping requirements for DVDs that include
interviews of plaintiff and other prisoners by defendant. Plaintiff says that the interviews
are relevant because they include comments by defendant and other prison staff suggesting
that plaintiff and other black and Muslim prisons were being unfairly targeted for
disciplinary treatment.
In the July 24 order, I asked defendant whether he could provide assistance to
plaintiff in getting the exhibits to the court. In response, defendant makes two points. First,
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he says that DVDs of two of the interviews (with prisoners Stanley Felton and Todd Hivala)
are already part of the court record. Dkt. #85. Second, defendant says that he has no
objection to providing to the court DVDs of other interviews. However, because the
interviews are lengthy, defendant asks that plaintiff use the time stamps on the recordings
to identify which portions of each interview he wishes to present at trial.
Defendant’s request is a reasonable one and should save a significant amount of time
at trial if the recordings are played for the jury. Accordingly, plaintiff may have until August
12, 2015 to comply with defendant’s request. Plaintiff should identify (1) which interviews
he wants to introduce at trial; (2) which portions of each interview he wishes to introduce,
using the time stamps on the recordings; and (3) how each identified portion is relevant to
proving his claim. Plaintiff should serve his notice on defendant and file the notice with the
court. Because time is short and it is likely that plaintiff will need to review the recordings
again to comply with this order, I ask that defendant take any necessary steps to make sure
that any request by plaintiff to review the recordings is handled promptly.
The court has copies of the interviews with prisoners Felton and Hivala, so it is not
necessary for defendant to submit additional copies to the court on plaintiff’s behalf.
However, plaintiff should identify the relevant portions of those interviews (and their
relevance) as well.

ORDER
IT ORDERED that plaintiff Mustafa-El Ajala (formerly known as Dennis Jones-El)

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may have until August 12, 2015 to file and serve the notice described in this order. If
plaintiff does not comply with that deadline, I will construe plaintiff’s silence to mean that
he no longer wishes to use the interviews at trial.
Entered this 30th day of July, 2015.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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