Anderson, Tracy v. Pollard, William et al

Filing 63

ORDER that defendants may have until Monday, August 27 to respond to plaintiff's letter regarding access to the Georgetown and religious books. The court will hold a telephonic conference to address the status of trial preparations at 2:00 p.m. on Friday, August 31, 2018. Defendants will be responsible for setting up the call to chambers. Signed by District Judge William M. Conley on 8/23/2018. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
TRACY ANDERSON,

v.

Plaintiff,

ORDER
15-cv-785-wmc

TREVOR RADKE, ET AL.,
Defendants.

The court is in receipt of plaintiff’s August 20, 2018, letter, in which he complains
that correctional staff at Waupun Correctional Institute “continue to refuse to” return his
“other law book, Georgetown law Journal 2015 Edition,” and that withholding this book
and other property has been preventing him from “focus[ing] on this case” and “interfering
with [his ability to] litigat[e].” (Dkt. #82 at 1.) In particular, he also complains that
correctional staff “still have some of [his] books that pertain to [his] religion,” as well as a
“business book.” (Id. at 2.) Finally, he concludes that this ongoing interference, which he
believes constitutes a First Amendment violation and retaliation, now requires
appointment of counsel to represent him. (Id.)
As plaintiff acknowledges, his First Amendment claims are not before the court at
this time. 1 However, his claim that he cannot litigate this case on his own due to “this
interference” is. While the court is skeptical that the 2015 Georgetown Law Journal will
meaningfully change the court’s view that plaintiff is capable of litigating this case,

While the court would expect that any withholding of his religious books (or other property) is
not unlikely to be relevant to whether Anderson can prepare for trial in this case, the court will at
least hear from Anderson on that topic unless that property is promptly returned to him or a good
reason is provided for not doing so.
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preparing for his deposition on August 28, and ultimately representing himself at trial,
defendants may have until Monday, August 27 to respond to plaintiff’s letter, as to his
claimed lack of access to the Georgetown and religious books.
Finally, the court will hold a telephonic conference to address the status of trial
preparations at 2:00 p.m. on Friday, August 31, 2018. Defendants will be responsible for
setting up the call to chambers.
Entered this 23rd day of August, 2018.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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