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Otis Beasley v. Forrest Ashby

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


August 3, 2012

OTIS BEASLEY, PLAINTIFF,
v.
FORREST ASHBY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:

E-FILED Friday, 03 August, 2012 11:55:27 AM Clerk, U.S. District Court, ILCD

OPINION

Plaintiff, proceeding pro se and detained in the Rushville Treatment and Detention Center, pursues claims arising from deliberate indifference to his diabetes. This case is set for a conference on August 13, 2012, but the conference will be cancelled as unnecessary. All Defendants have been served, and there are no pending issues to discuss. IT IS THEREFORE ORDERED:

1) The status conference set for August 13, 2012, is cancelled. The clerk is directed to notify Plaintiff's prison of the cancellation.

2) The parties are reminded of their option to consent to proceed before a U.S. Magistrate Judge. (See attached form).

3) Defendants' Answers are due August 14, 2012.

4) By October 12, 2012, the parties shall provide to each other the initial disclosures described in Fed. R. Civ. P. 26(a)(1)(i)-(ii).

5) Plaintiff shall disclose expert witnesses and expert testimony pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by November 1, 2012.

6) Defendants shall disclose expert witnesses and expert testimony pursuant to the requirements of Fed. R. Civ. P. 26(a)(2) by December 3, 2012.

7) Discovery closes April 1, 2013.

8) Dispositive motions are due May 1, 2013.

9) Plaintiff's detention limits him to written discovery. Written discovery must be served on a party at least 30 days before the discovery deadline. Discovery requests and responses are not filed with the court, unless there is a dispute regarding such discovery. See CDIL-LR 26.3.

Motions to compel discovery must be accompanied by the relevant portions of the discovery request and the response. Additionally, except for good cause shown, motions to compel must be filed within 14 days of receiving an unsatisfactory response to a timely discovery request.

10) A final pretrial conference is scheduled for December 2, 2013, at 1:30 p.m.. Defendants' counsel shall appear in person. Plaintiff shall appear by video. The parties are directed to submit an agreed, proposed final pretrial order at least 14 days before the final pretrial conference.

11) The jury trial is scheduled on the Court's trailing trial calendar for January 7, 2014, at 9:00 a.m. before this Court in Springfield, Illinois. The actual date for jury selection and jury trial will be finalized at the final pretrial conference.

12) Plaintiff's motion for counsel is denied (d/e 9), with leave to renew. The Court cannot require an attorney to accept pro bono appointment on a civil case such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). Based on a review of Plaintiff's filings, the Court concludes at this point that Plaintiff appears competent to proceed pro se, given the nature of his claims. Id. at 654-55 (7th Cir. 2007)("[G]iven the difficulty of the case, does the plaintiff appear competent to litigate it himself?"). Plaintiff has personal knowledge of many of the relevant events and should be able to obtain medical records corroborating his medical condition and the treatment that he was receiving. Plaintiff's filings thus far have effectively communicated the factual basis for his claims, though he does not appear to have any prior experience litigating in federal court. Plaintiff may renew his motion upon attaching documents showing the grade level at which he is performing (if he has any documentation) and documentation regarding his mental disorders.

FOR THE COURT:

SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE

20120803

© 1992-2012 VersusLaw Inc.



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