Dunn, Phillip v. Levine, Elliott et al

Filing 47

ORDER that Phillip Dunn's motion to stay case no. 15-cv-430-bbc and 16-cv-224-bbc is DENIED. Dunn's alternative request to extend his summary judgment deadline to July 5, 2016, is GRANTED. The clerk of court is directed to UNSEAL Dunn's motion to stay. Signed by District Judge Barbara B. Crabb on 6/13/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PHILLIP S. DUNN,
ORDER
Plaintiff,
15-cv-430-bbc
v.
RYAN SECORD, SHAWN KUDRON,
DAN ULRICH and NATHAN POKE,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PHILLIP S. DUNN,
ORDER
Petitioner,
16-cv-224-bbc
v.
STATE OF WISCONSIN,
Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Phillip Dunn has filed two motions. The first is an ex parte document in which he
asks to stay both cases for three to six months. (Because Dunn does not explain why he filed
the motion ex parte and I see no basis for him to do so, I am directing the clerk of court to
unseal the motion.) The second is a motion for an extension of time to respond to the
motion for summary judgment filed by defendants in case no. 15-cv-430-bbc.
Dunn’s motion to stay is moot with respect to case no. 16-cv-224-bbc. In an order
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dated June 6, 2016, before the court received Dunn’s motion to stay on June 8, 2016, I
denied Dunn’s petition for a writ of habeas corpus on the ground that it was clear from the
face of the petition that Dunn was not entitled to relief. Dunn says that he wants to stay
case no. 16-cv-224-bbc so that he has more time to obtain evidence to challenge his
underlying conviction. However, the problem with Dunn’s petition was not a lack of
evidence. Rather, I concluded that his claim had no legal merit.
With respect to case no. 15-cv-430-bbc, this is the third time that Dunn has
requested a stay. I see nothing in his new motion that requires a different result this time.
Again, Dunn’s primary reason for requesting a stay is that he is incarcerated. However, as
I told Dunn in previous orders, his status as an incarcerated person does not entitle him to
a stay. If Dunn believed that his confinement made it too difficult for him to litigate, his
remedy was to seek a dismissal without prejudice during the early stages of the case. Fed.
R. Civ. P. 41. Now that defendants have filed a motion for summary judgment and devoted
a significant amount of resources to the case, Dunn must bring the case to resolution. In any
event, Dunn provides no reason to believe that he will be in a better position to litigate his
case in three to six months.
Dunn says that he has lost evidence that would support his claims and that his
incarceration limits his ability to find that evidence. However, Dunn does not identify with
any specificity what that evidence is, explain how the evidence would help him or explain
how he would find that evidence when he is released. Dunn also says that, while he is
incarcerated, he does not have access to a storage unit that contains “statutes, case law,

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policies and procedures of the La Crosse Police Department.” However, Dunn does not
explain why he cannot get statutes and case law from the jail law library and why he could
not obtain any relevant policies and procedures from defendants in discovery.

In sum,

Dunn still has not made a persuasive showing that he is entitled to a lengthy stay.
In the alternative, Dunn asks to extend his deadline for responding to defendants’
motion for summary judgment from July 1, 2016, to July 5, 2016. Because there is room
in the schedule for a short extension, I will grant Dunn’s request. However, he should not
expect to receive any additional extensions.

ORDER
IT IS ORDERED that Phillip Dunn’s motion to stay case no. 15-cv-430-bbc and 16cv-224-bbc is DENIED.

Dunn’s alternative request to extend his summary judgment

deadline to July 5, 2016, is GRANTED. The clerk of court is directed to UNSEAL Dunn’s
motion to stay.
Entered this 13th day of June, 2016.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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