Rozak, Ryan v. Hepp, Randall et al
Filing
43
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 3/14/2016. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
RYAN K. ROZAK,
Plaintiff,
v.
ORDER
RANDALL R. HEPP, GEORGE COOPER
and MARC W. CLEMENTS,
15-cv-134-jdp
Defendants.
Plaintiff Ryan Rozak, a prisoner in the custody of the Wisconsin Department of
Corrections at the Fox Lake Correctional Institution, brings Eighth Amendment conditions of
confinement claims that defendant prison officials are subjecting him to unsafe levels of lead
and copper in the water supply. In a February 10, 2016, order, I granted plaintiff’s motion
for the court’s assistance in recruiting counsel to represent him and stayed the proceedings.
Dkt. 38.
The court has successfully located counsel for plaintiff. Attorneys Fred Gants and
Kerry M. Mohan of the law firm Quarles & Brady LLP 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 representation extends to proceedings in
this court only.1
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
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. 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 the representation, but plaintiff 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 set the schedule for the remainder of the
proceedings in this lawsuit.
Entered March 14, 2016.
BY THE COURT:
/s/
JAMES D. PETERSON
District Judge
2
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