Alexander, Robert et al v. Foster, Brian et al

Filing 63

ORDER directing the clerk of court to send plaintiff a copy of the court's procedure for calling witnesses to trial. Plaintiff's motion for a temporary restraining order, Dkt. 57 , is DENIED. Signed by District Judge James D. Peterson on 5/21/2018. (jef),(ps)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ROBERT EARL ALEXANDER,
Plaintiff,
v.
NATHAN TAPIO and ROMAN KAPLAN,

ORDER
17-cv-861-jdp

Defendants.
Pro se plaintiff Robert Earl Alexander is an inmate at the Dodge Correctional
Institution (DCI) who has been diagnosed with throat cancer. He is proceeding on Eighth
Amendment deliberate indifference claims against defendants Nathan Tapio (his previous
primary care provider) and Roman Kaplan (his current primary care provider), whom he
alleges have failed to treat his cancer and given him insufficient pain medication.
On May 7, the court received a letter from Alexander requesting, among other things,
that the court schedule a hearing. Dkt. 60. I previously explained that I intended to hold a
hearing on Alexander’s motions for preliminary injunctive relief regarding his pain medication
dosage, Dkt. 22 and Dkt. 36, once Alexander authorized release of his medical records to
defendants. See, e.g., Dkt. 59, at 1. Alexander has returned a completed authorization form to
defendants’ counsel, so the court has scheduled a hearing for July 6, 2018. As I previously
indicated, at the hearing I expect defendants to ensure that Alexander’s relevant medical
records are available, Alexander to present Dr. Wieland’s note increasing his oxycodone
dosage to 40 milligrams, and Dr. Wieland to testify by phone. See Dkt. 42, at 4.
In his May 7 letter, Alexander indicates that he was recently told that he is terminally
ill and that he wants a second opinion to confirm the prognosis. He asks that seven DCI

officials be “called . . . to give sworn testimony . . . as to whether” Alexander is terminally ill.
Dkt. 60-2, at 7. To be clear, the purpose of the July 6 hearing will be to determine whether
Alexander has satisfied the requirements to obtain a preliminary injunction requiring
defendants to increase Alexander’s pain medication dosage. Testimony regarding Alexander’s
diagnosis and prognosis will be allowed only if it sheds light on how much pain medication
Alexander should receive. If Alexander still wants these officials to testify, he should ask them
if they are willing to do so. I expect defendants’ counsel to work with Alexander on this front.
If a potential witness refuses to testify voluntarily, Alexander may file a request for a
subpoena form. I will instruct the clerk of courts to send Alexander a copy of the court’s
procedure for calling witnesses to trial, which includes detailed instructions on how to request
a subpoena form. Alexander should follow the same procedure for requesting subpoena forms
for the preliminary injunction hearing, if necessary.
Alexander also asks for a “TRO against DCI/WCI and all WI DOC Penal Institution
Medical and Security Staff [to] put an end to testing plaintiff’s hearing disability and speech
disability [and] from interrupting plaintiff or any medical care givers/providers.” Dkt. 60-2, at
7–8. It’s unclear exactly what relief Alexander seeks, but it appears that his complaints are
unrelated to his claims in this case, which are focused on the medical treatment for his
cancer, including pain management. As I’ve explained several times, I will not allow
Alexander to proceed on claims against other defendants that are unconnected to his cancer
treatment and pain management. See, e.g., Dkt. 46, at 2. If Alexander wants to pursue claims
concerning his communication disabilities, he will have to file a new lawsuit and pay the
required filing fee.

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Finally, it appears that Alexander enclosed copies of discovery requests with his May 7
letter. See Dkt. 60-2, at 3–6. Discovery will not begin until after the preliminary pretrial
conference order is issued. Once discovery has begun, discovery requests should be sent
directly to defendants’ attorneys and not filed with the court, except to support some other
matter, such as a motion or a response to a motion.

ORDER
IT IS ORDERED that:
1. The clerk of court is directed to send plaintiff a copy of the court’s procedure for
calling witnesses to trial.
2. Plaintiff’s motion for a temporary restraining order, Dkt. 57, is DENIED.
Entered May 21, 2018.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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