Crowley, Timothy v. Stun-Tech Inc. et al

Filing 23

ORDER granting 22 motion for assistance in recruiting volunteer counsel. Signed by District Judge William M. Conley on 5/11/2016. (jef),(ps)

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

TIMOTHY CROWLEY,

Plaintiff,

ORDER

v.
15-cv-006-wmc
STUN-TECH
INC.,
KARBON
ARMS,
STINGER SYSTEMS, INC. ELECTRONIC
DEFENSE
TECHNOLOGIES
LLC
and
R.A.C.C. INDUSTRIES INC.,
Defendants.

In this civil action, pro se plaintiff Timothy Crowley alleges that a Remote
Electronically Activated Control Technology Belt (“REACT Shock Belt”) shocked and
severely injured him after activating on its own accord.

Crowley filed a motion for

assistance in recruiting counsel after the court gave him an opportunity to file an
amended complaint containing factual allegations to establish subject matter jurisdiction.
In response to the court’s denial of that motion, Crowley filed several attorney rejection
letters to show his good faith effort to retain his own counsel.
The court then screened his complaint under the in forma pauperis statute, 28
U.S.C. § 1915, finding that Crowley may proceed on his products liability claims and
ordering the U.S. Marshals Service to serve defendants. The Marshals discovered that all
five defendants are out of business and returned summons unexecuted but identified
another company that appears to be an active seller or manufacturer of a product similar
to the REACT Shock Belt. The court then gave Crowley another opportunity to amend

his complaint to substitute the active company identified by the Marshals, or any other
active company, as the named defendant in this case. In response, Crowley again moved
for assistance in recruiting volunteer counsel, identifying some of the same difficulties he
addressed in his first motion, including mental, hearing and vision defects, and also his
lack of access to legal resources at the Mendota Mental Health Institution, where he is
currently being held.

Although stubbornness may explain Crowley’s insistence on

moving for assistance in recruiting counsel rather than following the court’s directions to
cure the defects in his complaint, in light of the concerns that his impairments may
prejudice his ability to pursue a meritorious claim, the court will grant Crowley’s motion
for assistance in locating volunteer counsel for the limited purpose of helping Crowley
draft a proposed amended complaint.

ORDER
IT IS ORDERED that plaintiff Timothy Crowley’s motion for assistance in
recruiting volunteer counsel (dkt. #22) is GRANTED. The court will enter a separate
order once a volunteer has been recruited.
Entered this 11th day of May, 2016.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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