Heard, Anthony v. HSUM Adams et al

Filing 47

ORDER that plaintiff's motions for recruitment of counsel, Dkt. 30 and Dkt. 45 , are GRANTED. The parties' remaining motions are DENIED without prejudice. The case is STAYED pending recruitment of counsel for plaintiff. Signed by District Judge James D. Peterson on 6/4/2024. (lam),(ps)

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

ANTHONY P. HEARD, JR.,
Plaintiff,
v.
HSUM ADAMS and HUSAM KINYON,

ORDER
22-cv-265-jdp

Defendants.
Plaintiff Anthony P. Heard, Jr., proceeding without counsel, is a prisoner currently
incarcerated at Wisconsin Resource Center. He alleges that medical staff at Wisconsin Secure
Program Facility delayed in treating his severe knee and back pain and cancer symptoms. He
brings claims under the Eighth Amendment and Wisconsin medical negligence law. Defendants
move for summary judgment. Dkt. 33. Heard has not responded to that motion, instead filing
two motions for the court’s assistance in recruiting him counsel. Dkt. 30 and Dkt. 45. Heard
states that he cannot litigate the case himself because he is incapacitated by his cancer
treatment and by medication that he takes for post-traumatic stress disorder and migraine
headaches.
I’m persuaded that Heard’s current abilities to litigate this case are far below those of
the typical prisoner, and that his claims likely will boil down to issues of medical judgment that
are too complex for him to handle alone. I will grant Heard’s motions and the case will be
stayed pending recruitment of counsel. Defendants’ motion for summary judgment will be
denied without prejudice, subject to them renewing it after the court recruits counsel for Heard.
If I find counsel willing to represent Heard, I will advise the parties of that fact. Soon
thereafter, a status conference will be held to set a new schedule. Heard is advised that the

court receives many requests for counsel, so the search for counsel may take several months,
and there is no guarantee that the court will find counsel willing to represent him.

ORDER
IT IS ORDERED that:
1. Plaintiff’s motions for recruitment of counsel, Dkt. 30 and Dkt. 45, are GRANTED.
2. The parties’ remaining motions are DENIED without prejudice.
3. The case is STAYED pending recruitment of counsel for plaintiff.
Entered June 4, 2024.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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