Smith, Tyrone v. Fox Lake Correctional Institution et al

Filing 24

ORDER denying without prejudice 21 Motion for Assistance in Recruiting Counsel; denying 22 Motion to hold motion for appointment of counsel in abeyance. Signed by District Judge Barbara B. Crabb on 12/4/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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TYRONE DAVIS SMITH,
ORDER
Plaintiff,
17-cv-396-bbc
v.
WARDEN RANDALL R. HEPP,
MANAGER CANDI WHITMAN
and SECRETARY JON E. LITSCHER,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - Plaintiff Tyrone Davis Smith is proceeding on claims that defendants Randall Hepp,
Candi Whitman and Jon Litscher violated his Eighth Amendment rights by failing to address
a known risk to his health posed by contaminated water at the Fox Lake Correctional
Institution. I have stayed this case pending the resolution of Stapleton v. Hepp, 16-cv-406jdp (W.D. Wis. filed Jun. 10, 2016), which presents similar issues. Dkt. #16. Now before
the court are plaintiff’s motion for assistance in recruiting counsel and motion to hold that
motion in abeyance until the stay is lifted. Dkt. ##21-22.
Although plaintiff recognizes that the stay prevents me from ruling on his motion for
assistance in recruiting counsel, he explains that he has only $1.36 in his legal loan account
that must be used by the end of 2017, and he is not sure whether he will receive another
legal loan for this case in 2018, which would prevent him from refiling a motion for
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assistance in recruiting counsel after the stay is lifted. In light of this unique situation, I will
deny plaintiff’s motion for assistance in recruiting counsel without prejudice, but after the
stay is lifted in this case, I will consider sua sponte whether to appoint counsel for plaintiff.
Plaintiff’s motion to hold in abeyance his request for assistance in recruiting counsel will be
denied as unnecessary.

ORDER
IT IS ORDERED that
1. Plaintiff Tyrone Davis Smith’s motion for assistance in recruiting counsel, dkt.
#21, is DENIED without prejudice. The court will consider whether to appoint counsel for
plaintiff sua sponte after the stay is lifted in this case.
2.

Plaintiff’s motion to hold his request for assistance in recruiting counsel in

abeyance, dkt. #22, is DENIED.
Entered this 4th day of December, 2017.
BY THE COURT:
/s/
_______________________
BARBARA B. CRABB
District Judge

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