Lewis, James v. McClean, Angela et al

Filing 113

ORDER that the clerk of court is directed to set a telephone conference before Magistrate Judge Stephen Crocker to reopen discovery, determine whether James Lewis wishes to reassert his medical malpractice claim, and set a schedule for trial. Signed by District Judge James D. Peterson on 1/29/2018. (jef),(ps)

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

JAMES A. LEWIS,
Plaintiff,
v.

ORDER

ANGELA MCLEAN and JOSEPH
CICHANOWICZ,

14-cv-280-jdp

Defendants.
This case is back before this court on remand from the Seventh Circuit, which reinstated
pro se plaintiff James A. Lewis’s Eighth Amendment deliberate indifference claims against
defendants and suggested that I reassess my decision to relinquish jurisdiction over the statelaw medical malpractice claim against defendant Angela McLean. Dkt. 111. In an August 24,
2017 order, I stayed the proceedings to recruit counsel for Lewis. Dkt. 112.
The court has now located counsel. Attorney Reed Cornia of the law firm Cornia Law,
LLC, has agreed to represent Lewis, with the understanding that he will serve with no guarantee
of compensation for his services. It is the court’s intention that the scope of representation
extends to proceedings in this court only.1
Lewis 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
lawyer and must permit his lawyer to exercise professional judgment to determine which

1

“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.

matters are appropriate to bring to the court’s attention and in what form. Lewis 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 lawyer even if he disagrees
with some of them. If Lewis decides at some point not to work with this lawyer, he is free to
end the representation, but he should be aware that it is unlikely that the court will recruit
another lawyer to represent him.

ORDER
IT IS ORDERED that the clerk of court is directed to set a telephone conference before
Magistrate Judge Stephen Crocker to reopen discovery, determine whether Lewis wishes to
reassert his medical malpractice claim, and set a schedule for trial.
Entered January 29, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

2