Lamont, Walker, v. Cox, Burton et al

Filing 99

ORDER that Plaintiff La'Mont Walker's motion to lift the stay in this case, Dkt. 95 , is LIFTED. Plaintiff may have until May 15, 2020, to inform the court in writing whether he wishes to: (1) continue litigating the case but without co unsel or (2) dismiss the case without prejudice. If plaintiff chooses the first option, the clerk of court will set a telephone scheduling conference with Magistrate Judge Crocker. If plaintiff fails to respond, I will take his silence to mean that he is choosing the second option and I will direct the clerk of court to close the case. Signed by District Judge James D. Peterson on 4/30/2020. (rks),(ps)

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

LA’MONT WALKER,
Plaintiff,
v.

ORDER
15-cv-686-jdp

BURTON COX,
Defendant.

Pro se plaintiff La’Mont Walker is currently incarcerated at the United States
Penitentiary-Big Sandy, located in Inez, Kentucky. Walker alleges that defendant Dr. Burton
Cox failed to properly treat his back pain when he was housed at Wisconsin Secure Program
Facility.
After I denied defendant’s motion for summary judgment in part, I stayed the case to
recruit counsel for Walker. See Dkt. 86. The case has been stayed for more than a year. During
that time, the court has contacted members of the Western District of Wisconsin Bar
Association, members of the Seventh Circuit Bar Association, and some of the largest laws
firms practicing in this court who have agreed to regularly take on representation of pro se
parties like Walker. Unfortunately, no lawyer has agreed to take the case and the court has
exhausted its options.
Walker has written to the court asking to lift the stay. Dkt. 95. I will grant that request.
Because the court was unable to find counsel to represent him, Walker now has a choice:
(1) proceed on his own without counsel; or (2) dismiss this case without prejudice. If Walker
chooses to dismiss the case, the dismissal will be without prejudice, which means that Walker
could file a new case at a later date. However, the statute of limitations would continue to run.

Dupuy v. McEwen, 495 F.3d 807, 810 (7th Cir. 2007) (“[W]hen a suit is dismissed without
prejudice, the statute of limitations continues to run from the date (normally the date of the
injury) on which the claim accrued.”).

ORDER
IT IS ORDERED that:
1. Plaintiff La’Mont Walker’s motion to lift the stay in this case, Dkt. 95, is LIFTED.
2. Plaintiff may have until May 15, 2020, to inform the court in writing whether he
wishes to: (1) continue litigating the case but without counsel or (2) dismiss the case
without prejudice.
3. If plaintiff chooses the first option, the clerk of court will set a telephone scheduling
conference with Magistrate Judge Crocker. If plaintiff fails to respond, I will take his
silence to mean that he is choosing the second option and I will direct the clerk of
court to close the case.
Entered April 30, 2020.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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