David W. Watts v. Charles Bergren

Summary

The United States District Court for the Western District of Wisconsin denied David Watts's motions for assistance recruiting counsel, to compel discovery, and for a temporary stay in connection with a scheduled Pavey hearing on exhaustion of administrative remedies. The court kept the hearing record open for 45 days to allow limited discovery concerning Watts's journal, a visitor log, and allegedly destroyed inmate complaints, and struck the discovery and dispositive-motion deadlines pending a decision on exhaustion.

Holdings

1. The request for assistance recruiting counsel was denied without prejudice because the plaintiff demonstrated that he could adequately represent himself and pro bono counsel was a scarce resource in the district.
2. The motion to compel was denied because the requested discovery did not bear on the availability of administrative remedies at issue in the Pavey hearing.
3. The motion to stay was denied, except that the court kept the Pavey record open for 45 days to permit limited additional evidence.
4. The court authorized limited discovery and additional evidence through May 14, 2026, for the specific purpose of supplementing the factual record concerning the plaintiff's journal, the June 7, 2024 visitor log, and the claimed destruction of three inmate complaints.

Questions Presented

1. Whether the court should recruit pro bono counsel for the incarcerated pro se plaintiff based on his hearing loss and reported mental-health issues.
2. Whether the court should compel discovery before the Pavey hearing when the requested discovery did not bear on the availability of administrative remedies at issue at that hearing.
3. Whether the court should stay the case because the plaintiff lacked access to some legal materials and personal belongings after institutional transfers.
4. Whether the Pavey hearing record should remain open for limited additional evidence concerning the plaintiff's journal, a visitor log, and allegedly destroyed inmate complaints.

Disposition

other