Homelsey, Charles v. Dittman, Michael

Filing 13

ORDER denying as moot petitioner's 12 motion. Signed by District Judge Barbara B. Crabb on 4/20/2016. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - CHARLES J. HOMELSEY
a/k/a CHARLES J. MAYBERRY,
ORDER
Petitioner,
16-cv-47-bbc
v.
MICHAEL DITTMAN,
Warden, Columbia Correctional Institution,
Respondent.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - Petitioner Charles Homelsey has filed a document that he calls “Intentional
Harassment of Mentally Disabled Prisoner/Petitioner’s Receipt of Legal Assistance Services.”
Dkt. #12. In the document, petitioner alleges that he will be unable to provide a trust fund
account statement as requested by the court because prison officials have been interfering
with his ability to communicate with Oscar McMillian, another prisoner who is assisting
petitioner with this case. In particular, petitioner alleges that the prison librarian confiscated
the court order that directed petitioner to provide his trust fund account statement and that
a prison official named Captain Boodry informed McMillian that he “could very well end
up in segregation” if he continues to help petitioner with this case. It is not clear what relief
petitioner wants, but he seems to be asking the court to stop the alleged interference with
his right to litigate this case.

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Because the court has received petitioner’s trust fund account statement, dkt. #11,
I am denying the request as moot. However, it would behoove respondent and respondent’s
counsel to investigate this matter to insure that staff members are not violating petitioner’s
right to have access to the courts.
If prison officials prevent petitioner from seeking assistance from McMillian or
another prisoner in the future, petitioner will have to file a new motion. If that happens,
respondent should be prepared to explain the reasons for any interference as well as what
alternative resources the prison is providing petitioner to allow him to litigate this case.

ORDER
IT IS ORDERED that petitioner Charles Homelsey’s motion, dkt. #12, is DENIED
as moot.
Entered this 20th day of April, 2016.
BY THE COURT:
/s/
__________________________________
BARBARA B. CRABB
District Judge

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