Cooper, Demetrius et al v. McGowan, Allison et al

Filing 97

ORDER staying proceedings for 30 days or until the court located counsel to represent plaintiff for the purposes of mediating this case and case 16-cv-526. If the parties wish to extend the stay, they must submit a report on mediation. Signed by District Judge James D. Peterson on 6/1/2018. (elc),(ps)

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

DEMETRIUS L. COOPER,
Plaintiff,
v.
ALLISON McGOWAN, KHRYSTYNA
ROSENAU,
PATRICK GORMAN, MICHAEL BRITTEN,
NATHAN SANCHEZ, TERANCE LASH, and
KYLE TRITT,

ORDER
17-cv-383-jdp

Defendants.
Pro se plaintiff Demetrius L. Cooper is proceeding on deliberate indifference,
conditions-of-confinement, and retaliation claims against defendant Waupun Correctional
Institution (WCI) officials concerning their refusal to place Cooper in clinical observation
status and subsequent retaliatory acts. In a May 15, 2018 order, I directed defendants to
explain whether Cooper has adequate access to the law library or legal materials while in
segregation at WCI. Dkt. 94. Defendants responded that Cooper has been transferred from
WCI to the Wisconsin Secure Program Facility (WSPF), where he has access to the law library.
Dkt. 96. In a June 1, 2018 telephonic status conference in a related case, Cooper v. Meyer,
No. 16-cv-526 (W.D. Wis. filed July 25, 2016), Cooper confirmed that his transfer to WSPF
“moots” the access to the court issue. So I need not wait for a written response from Cooper—
I am satisfied that his right of access to the court is not being infringed.
During the telephonic status conference, Cooper and an attorney for the state who
represents the defendants in the ’526 case indicated that they intend to mediate the claims in
both cases. They asked that I stay litigation in this case pending mediation. I will stay

proceedings for 30 days or until the court locates counsel to represent Cooper for the purposes
of mediation, at which time the parties may submit a report on mediation requesting an
extension of the stay. But the April 15, 2019 trial date remains on the calendar.

ORDER
IT IS ORDERED that the proceedings in this case are STAYED for 30 days or until the
court locates counsel to represent Cooper for the purposes of mediating this case and Case
No. 16-cv-526. If the parties wish to extend the stay, they must submit a report on mediation.
Entered June 1, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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