Kirk, James v. Tegels, Lizzie et al

Filing 32

ORDER that plaintiff James L. Kirk's motion to stay this case, dkt. # 28 , is GRANTED. The trial and remaining deadlines are STRUCK and proceedings in this case are STAYED pending recruitment of counsel for plaintiff. Signed by District Judge Barbara B. Crabb on 1/9/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - JAMES L. KIRK,
ORDER
Plaintiff,
18-cv-110-bbc
v.
TAMMI MAASSEN, W. BRAD MARTIN, DEBRA TIDQUIST,
CHERYL MARSOLEK and GEORGIA KOSTOHYZ,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - Pro se plaintiff and prisoner James L. Kirk is proceeding on claims that he has been
denied adequate medical treatment for a serious heart condition. Now before the court is
plaintiff’s motion to stay proceedings in this case. Dkt. #28. Plaintiff says that his heart
condition has deteriorated, causing him significant pain and fatigue and making it difficult
for him to prosecute this lawsuit. He asks that the case be stayed indefinitely until he feels
good enough to continue litigating it. Defendants do not oppose the motion, and have filed
medical records confirming that plaintiff has a serious heart condition and that his doctors
are in the process of determining how to treat him. Dkt. #30-1.
On two previous occasions, plaintiff requested that the court attempt to recruit
counsel to represent him in this case. I denied plaintiff’s requests because it appeared
plaintiff was capable of litigating this case on his own. However, in light of plaintiff’s
deteriorating condition, I conclude that the difficulty of litigating his claim going forward
would exceed his abilities. Pruitt v. Mote, 503 F.3d 657, 656 (7th Cir. 2007). Accordingly,
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instead of staying this case until plaintiff feels good enough to litigate on his own, I will
strike the trial date and current schedule and will stay the case while the court attempts to
recruit counsel to represent plaintiff. If the court is able to recruit counsel to represent
plaintiff, the court will set a status conference to set a new schedule for this case.

ORDER
IT IS ORDERED that plaintiff James L. Kirk’s motion to stay this case, dkt. #28, is
GRANTED. The trial and remaining deadlines are STRUCK and proceedings in this case
are STAYED pending recruitment of counsel for plaintiff. If the court finds counsel willing
to represent plaintiff, the court will advise the parties and schedule a status conference.
Entered this 9th day of January, 2019.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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