Cooper, Demetrius v. Meyer et al

Filing 61

ORDER denying plaintiff Demetrius Cooper's 49 motion to reconsider appointment of counsel. Signed by District Judge James D. Peterson on 6/13/2017. (jef),(ps)

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

DEMETRIUS COOPER,
Plaintiff,
v.

ORDER

JEFFREY MEYER, PATRICK GORMAN, and
CORY SABISH,

16-cv-526-jdp

Defendants.
I previously granted pro se plaintiff Demetrius Cooper leave to proceed with claims
under the First and Eighth Amendments against defendants Sergeant Meyer, Officer Gorman,
and Captain Sabish of the Waupun Correctional Institution (WCI). Dkt. 34. Cooper has
moved for assistance in recruiting counsel on three separate occasions, and I have denied each
motion because he has not demonstrated that his is one of those relatively few cases in which
it appears from the record that the legal and factual difficulty of the case exceeds his
demonstrated ability to prosecute it. Dkt. 10; Dkt. 22; Dkt. 24.
Now Cooper moves for reconsideration of these orders. Dkt. 49. He points to three
documents to support his contention that he is unable to prosecute his case without counsel:
(1) a psychological services report indicating that he has been diagnosed with post-traumatic
stress disorder; (2) a test report indicating that Cooper reads at a third-grade level; and (3) an
affidavit from Cooper’s “jailhouse lawyer” stating that although he assisted Cooper with his
previous filings, he can no longer do so.
Mental health conditions and a lack of education are, unfortunately, common among
prisoners litigating in this court and are not alone reasons to recruit counsel. Cooper’s reading

level does not appear to have hindered him so far. His jailhouse lawyer stopped helping him
on May 10, 2017, according to the affidavit, but Cooper was able to file this motion, which is
clear and organized, on June 5. Cooper has not identified what tasks, specifically, he is unable
to perform without counsel. I am not yet convinced that this case outstrips his abilities. At this
point, he appears capable of continuing pro se, so I will deny his motion to recruit counsel
without prejudice to renewing his motion later in the case, particularly if complex medical
issues become the focus of the case.

ORDER
IT IS ORDERED that plaintiff Demetrius Cooper’s motion to reconsider appointment
of counsel, Dkt. 49, is DENIED.
Entered June 13, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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