United States District Court, E.D. Wisconsin
RODNEY C. MOORE, Plaintiff,
SGT. ROZMARYNOSKI, MR. CROMWELL, SGT. LENNOE, SGT. WALLACE, and CO GONNERING, Defendants.
GRANTING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED WITHOUT
PREPAYMENT OF THE FILING FEE (DKT. NO. 2), DENYING WITHOUT
PREJUDICE PLAINTIFF'S MOTION TO APPOINT COUNSEL (DKT. NO.
8), DENYING PLAINTIFF'S MOTION FOR A TEMPORARY
RESTRAINING ORDER (DKT. NO. 10), AND DIRECTING PLAINTIFF TO
FILE AN AMENDED COMPLAINT ON OR BEFORE NOVEMBER 10,
PAMELA PEPPER, UNITED STATES DISTRICT JUDGE
plaintiff is a state prisoner who is representing himself. He
filed this lawsuit under 42 U.S.C. §1983, alleging that
the defendants violated his constitutional rights by turning
on and leaving on unnecessary bright lights near the
plaintiff's cell. Dkt. No. 1. The plaintiff also filed a
motion for leave to proceed without prepayment of the filing
fee, dkt. no. 2, a motion to appoint counsel, dkt. no. 8, and
a motion for a temporary restraining order, dkt. no. 10. The
plaintiff also has filed a number of letters, updates, and
other documents. This order resolves the plaintiff's
motions and directs the plaintiff to file one, comprehensive
Motion for Leave to Proceed without Prepayment of the
Prison Litigation Reform Act (PLRA) applies to this case
because the plaintiff was incarcerated when he filed his
complaint. 28 U.S.C. §1915. The PLRA allows a court to
give an incarcerated plaintiff the ability to proceed with
his lawsuit without prepaying the case filing fee, as long as
he meets certain conditions. One of those conditions is that
the plaintiff pay an initial partial filing fee. 28 U.S.C.
March 30, 2017, the court ordered the plaintiff to pay an
initial partial filing fee of $3.61, dkt. no. 14, and the
court received the fee on April 12, 2017. Accordingly, the
court will grant the plaintiff's motion for leave to
proceed without prepayment of the filing fee. The court will
require the plaintiff to pay the remainder of the filing fee
over time as set forth at the end of this decision.
Screening the Plaintiff's Complaint
requires the court to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. §1915A(a).
The court must dismiss a complaint if the plaintiff raises
claims that are legally “frivolous or malicious,
” that fail to state a claim upon which relief may be
granted, or that seek monetary relief from a defendant who is
immune from such relief. 28 U.S.C. §1915A(b).
addition to his original sworn complaint, the plaintiff has
submitted at least fifteen additional letters and documents,
asserting new allegations against the defendants and
describing continuing developments in the situation regarding
the wall lights. Dkt. Nos. 7-10, 12, 15-24. The court will
not consider piecemeal submissions and amendments to the
complaint. In order for the court to consider all of the
plaintiff's claims, the plaintiff must file one,
comprehensive amended complaint containing all of his
plaintiff wants to proceed on all of the claims and
allegations he has raised in his various letters and updates
and other documents, he must file an amended complaint-a
single document-containing all of his allegations against the
defendants. The plaintiff must file that amended complaint in
time for the court to receive it by November 10,
2017. If the plaintiff does not file an amended
complaint by the deadline, the court will assume that he no
longer wishes to prosecute the case, and will dismiss the
case based on his failure to diligently pursue it.
See Civil L.R. 41(c).
court is enclosing a copy of its complaint form and
instructions. The plaintiff should write the word
“AMENDED” in front of the word
“COMPLAINT” at the top of the first page, and
then put the case number for this case-17-cv-122-in the field
for “Case Number.” He must list all of the
defendants in the title of the complaint. He must use the
spaces on pages two and three to list all the claims he
wishes to bring, and to describe which defendants he believes
committed the violations that relate to each claim. If the
space is not enough, he may use additional sheets of paper
(putting page numbers on each additional page). The amended
complaint takes the place of the prior complaint; it must be
complete in itself, and should not instruct the court to look
back at the prior complaint for reference. See Duda v.
Bd. of Educ. of Franklin Park Pub. Sch. Dist. No.
84, 133 F.3d 1054, 1056-57 (7th Cir. 1998). If the
plaintiff files the amended complaint by the deadline, the
court will screen it under 28 U.S.C. §1915A.
Motion to Appoint Counsel
end of a four-page document containing information regarding
his claims and his trust account, the plaintiff asks the
court to appoint counsel to help him with this case. Dkt. No.
8 at 4. He attached a letter he received from an attorney
declining to represent him. Dkt. No. 8-1 at 1-2. The
plaintiff indicates that he has been harassed by staff for
over ten years, has had his head split open and that other
inmates have been hired by staff to harm the plaintiff. Dkt.
No. 8 at 4. The plaintiff argues that the use of the lights
is another example of how staff does things. Id. He
also says that he has three years left, that a doctor tried
to kill him at GBCI in 2015, and that it hasn't been the
same since. Id.
civil case, the court has discretion to decide whether to
recruit a lawyer for someone who cannot afford one.
Navejar v. Iyola, 718 F.3d 692, 696 (7th Cir. 2013);
28 U.S.C § 1915(e)(1); Ray v. Wexford Health
Sources, Inc., 706 F.3d 864, 866-67 (7th Cir. 2013).
First, however, the person has to make a reasonable effort to
hire private counsel on their own. Pruitt v. Mote,
503 F.3d 647, 653 (7th Cir. 2007). After the plaintiff makes
that reasonable attempt to hire counsel, the court then must
decide “whether the difficulty of the case - factually
and legally - exceeds the particular plaintiff's capacity
as a layperson to coherently present it.”
Navejar, 718 F.3d at 696 (citing Pruitt,
503 F.3d at 655). To decide that, the court looks, not only
at the plaintiff's ability ...