Opinion
02-C-135-C
March 25, 2003
ORDER
Plaintiff Tony Walker is proceeding in this civil action pro se and in forma pauperis. As the case has progressed, it has become clear that plaintiff requires appointed counsel to argue his claim that his First Amendment rights were violated when defendants rejected as contraband a catalog of "Adults Only" books and magazines published by a mail order business identified as Paper Wings.
David Harth and Gabrielle Bina, members of the Wisconsin Bar, have agreed jointly to represent plaintiff, with the understanding that they will serve with no guarantee of compensation for their services. It is this court's intention that the appointment of Ms. Bina and Mr. Harth to represent plaintiff extend to proceedings in this court only.
"Proceedings in this court" include all matters leading up to a final judgment on the merits, the filing of a Notice of Appeal, if appropriate, and ensuring that all steps are taken to transfer the record to the Court of Appeals for the Seventh Circuit.
Plaintiff should be aware that because I am appointing counsel to represent him, he may not communicate directly with the court about matters pertaining to this case. He must work directly with his lawyers and permit them to exercise their professional judgment to determine which matters are appropriate to bring to the court's attention and in what form.
ORDER
IT IS ORDERED that David Harth and Gabrielle Bina are appointed to represent plaintiff Tony Walker in this case.
Further, IT IS ORDERED that the stay on briefing defendants' motion for summary judgment imposed on February 26, 2003 is LIFTED. Plaintiff may have until May 9, 2003, in which to oppose defendants' motion for summary judgment. Defendants may have until May 23, 2003, in which to serve and file a reply.
Finally, IT IS ORDERED that a telephone status conference will be scheduled before United States Magistrate Judge Stephen Crocker for the purpose of determining whether there is a need to alter other deadlines set in this case in the magistrate judge's February 6, 2003 preliminary pretrial conference order.