BARBARA B. CRABB, District Judge.
Pro se plaintiff Jeff Poff is proceeding on an Eighth Amendment claim that staff at the Wisconsin Secure Program Facility and the Columbia Correctional Institution failed to provide him adequate medical care for his injured knee. Two motions are before the court:
(1) plaintiff's second motion for court assistance in recruiting counsel, or in the alternative, his request for an extension of his deadline for responding to defendants' motions for summary judgment so that he can find someone to help him, dkt. #166; and (2) defendants' motion to extend their deadline for making disclosures under Fed. R. Civ. P. 26(a)(2). Dkt. #164. For the reasons below, I am denying without prejudice plaintiff's motion for court assistance in recruiting counsel, giving plaintiff until November 12, 2019 to file his response to defendants' motions for summary judgment and giving defendants until December 23, 2019 to make their Rule 26(a)(2) disclosures.
In my June 11, 2019 order denying plaintiff's first request for court assistance in recruiting counsel, dkt. #87, I explained that even though plaintiff was indigent and could not afford a lawyer, he had not shown that he made reasonable efforts on his own to find a lawyer to represent him or that his recent "mental health breakdown" limited his abilities to such an extent that he could not prosecute his case on his own.
Accordingly, I am denying plaintiff's motion without prejudice. If plaintiff's claims survive summary judgment, then plaintiff is free to renew his motion. I will grant plaintiff a short extension of his deadline for filing his responses to defendants' motions for summary judgment. Defendants object to the extension, arguing that plaintiff filed his responses within a week of them filing their motions. However, plaintiff's "responses" were simple paragraph statements that plaintiff would be relying on the proposed findings of fact that he made in support of his own motion for summary judgment, dkt. #107, which is also before the court. Dkts. ##160-63.
Defendants ask for another 60 days within which to disclose their expert witnesses under Federal Rule of Civil Procedure 26(a)(2). They explain that they have not yet received an executed release form from plaintiff for one of his medical providers and will need extra time to follow up with plaintiff and forward his records to their expert witness for review. I will grant the motion.
IT IS ORDERED that
1. Plaintiff Jeff Poff's motion for court assistance in recruiting counsel, dkt. #166, is DENIED without prejudice. Plaintiff shall have until November 12, 2019, within which to file his responses to defendants' motions for summary judgment. Defendants will have until November 22, 2019 to reply.
2. Defendants' motion to extend their deadline for making disclosures pursuant to Fed. R. Civ. P. 26(a)(2), dkt. #164, is GRANTED. Defendants shall have until December 23, 2019 to make their Rule 26(a)(2) disclosures.