Policardio, Arroyo v. West, Sargent

Filing 34

ORDER that the clerk's office enter Iana Vladimirova of the law firm of Husch Blackwell as plaintiff's pro bono counsel of record for the limited purpose of communicating with the court: (1) plaintiff's desire to continue with this ca se; and (2) plaintiff's literacy and language abilities and limitations. When these purposes have been served, counsel should inform the court and may then move to withdraw from future representation. Signed by District Judge James D. Peterson on 2/15/2017. (jef),(ps)

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

POLICARDIO R. ARROYO,

ORDER
Plaintiff,
v.
15-cv-378-jdp
SANDRA WEST,

Defendant.

Plaintiff Policardio R. Arroyo filed this civil action under 42 U.S.C. § 1983,
alleging that defendant refused to assist plaintiff in obtaining emergency treatment for a
severe medical problem.

At plaintiff’s request, the court has recruited counsel Iana

Vladimirova of the law firm of Husch Blackwell for the limited purpose of communicating
with the court: (1) plaintiff’s desire to continue with this case; and (2) plaintiff’s literacy and
language abilities and limitations. See 28 U.S.C. § 1915(e)(1) (“The court may request an

attorney to represent any person unable to afford counsel.”); Pruitt v. Mote, 503 F.3d
647, 653-54 (7th Cir. 2007) (en banc) (noting that § 1915(e)(1) confers, at most,
discretion “to recruit a lawyer to represent an indigent civil litigant pro bono publico”).
Accordingly, the court will enter counsel’s appearance as plaintiff’s pro bono counsel.
The parties in this case have already appeared for a pretrial scheduling conference,
which resulted in a written order with deadlines and instructions, which the court stayed
pending answers to the two questions above.

Plaintiff’s counsel should contact the

Wisconsin Department of Corrections for purposes of consulting with plaintiff and
preparing discovery, whether by phone and/or in person.

Finally, plaintiff should appreciate that counsel took on this representation out of
a sense of professional responsibility, which includes representing plaintiff zealously.
Now that he is represented by counsel, plaintiff, too, has responsibilities. During the
limited representation, all communications with the court regarding discovery issues must
be through his attorney of record. Plaintiff does not have the right to require counsel to
raise frivolous arguments or to follow every directive plaintiff makes.
If plaintiff decides at some point that he does not wish to work with his lawyers,
he is free to alert the court and end the representation. But he should be aware that it is
highly unlikely that the court will recruit a second set of attorneys to represent him.

ORDER
IT IS ORDERED that the clerk’s office enter Iana Vladimirova of the law firm of
Husch Blackwell as plaintiff’s pro bono counsel of record for the limited purpose of
communicating with the court:

(1) plaintiff’s desire to continue with this case; and (2)

plaintiff’s literacy and language abilities and limitations. When these purposes have been

served, counsel should inform the court and may then move to withdraw from future
representation.
Entered this 15th day of February, 2017.
BY THE COURT:
/s/
__________________________________
JAMES D. PETERSON
District Judge

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