Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 1 of 7 PageID #:
`1482
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`ANTHONY MARTIN,
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`CHRISTOPHER HOLCOMB Lt., et al.,
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`
`v.
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`Defendants.
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`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`Plaintiff,
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`)
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`No. 2:23-cv-00078-JPH-MKK
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`An evidentiary hearing on Defendants' motion for sanctions, dkt. 106, is
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`ORDER
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`scheduled for December 10, 2024. The purpose of the hearing is for the Court
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`to hear witness testimony so it can make findings of fact regarding the
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`allegations that Mr. Martin fabricated, altered, or misrepresented the exhibits
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`appearing at dkt. 98 at 11–23; provided false testimony in his deposition and in
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`a declaration submitted to the Court; and made false representations to the
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`Court in his summary judgment response and related filings. During a
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`telephonic status conference before Magistrate Judge Klump on November 18,
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`2024, Mr. Martin made oral motions to stay the evidentiary hearing and to
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`recruit counsel to represent him. He also discussed his proposed witness and
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`exhibit lists.
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`I. Motion for Stay
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`Mr. Martin asks the Court to stay the evidentiary hearing. The motion
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`for sanctions, dkt. 106, has been pending for nearly six months and is fully
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`briefed. Mr. Martin has not articulated what, if any, additional relevant
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`
`1482
`
`
`ANTHONY MARTIN,
`
`
`
`CHRISTOPHER HOLCOMB Lt., et al.,
`
`
`v.
`
`Defendants.
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF INDIANA
`TERRE HAUTE DIVISION
`
`Plaintiff,
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 2:23-cv-00078-JPH-MKK
`
`An evidentiary hearing on Defendants' motion for sanctions, dkt. 106, is
`
`ORDER
`
`scheduled for December 10, 2024. The purpose of the hearing is for the Court
`
`to hear witness testimony so it can make findings of fact regarding the
`
`allegations that Mr. Martin fabricated, altered, or misrepresented the exhibits
`
`appearing at dkt. 98 at 11–23; provided false testimony in his deposition and in
`
`a declaration submitted to the Court; and made false representations to the
`
`Court in his summary judgment response and related filings. During a
`
`telephonic status conference before Magistrate Judge Klump on November 18,
`
`2024, Mr. Martin made oral motions to stay the evidentiary hearing and to
`
`recruit counsel to represent him. He also discussed his proposed witness and
`
`exhibit lists.
`
`I. Motion for Stay
`
`
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`Mr. Martin asks the Court to stay the evidentiary hearing. The motion
`
`for sanctions, dkt. 106, has been pending for nearly six months and is fully
`
`briefed. Mr. Martin has not articulated what, if any, additional relevant
`
`
`
`Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 2 of 7 PageID #:
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`evidence he hopes to uncover by delaying the hearing. Indeed, an evidentiary
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`hearing is necessary only because the Court must weigh the witnesses'
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`credibility, and delaying the hearing will not enhance or diminish any witness's
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`ability to testify truthfully about the authenticity of the documents.
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`Accordingly, the motion to stay is denied.
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`II. Motion for Counsel
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`
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`Mr. Martin again asks the Court to appoint an attorney to represent him.
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`Litigants in federal civil cases do not have a constitutional or statutory right to
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`court-appointed counsel. Walker v. Price, 900 F.3d 933, 938 (7th Cir. 2018).
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`Instead, 28 U.S.C. § 1915(e)(1) gives courts the authority to "request" counsel.
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`Mallard v. United States District Court, 490 U.S. 296, 301 (1989). As a practical
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`matter, there are not enough lawyers willing and qualified to accept a pro bono
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`assignment in every pro se case. See Olson v. Morgan, 750 F.3d 708, 711 (7th
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`Cir. 2014) ("Whether to recruit an attorney is a difficult decision: Almost
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`everyone would benefit from having a lawyer, but there are too many indigent
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`litigants and too few lawyers willing and able to volunteer for these cases.").
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`"'When confronted with a request under § 1915(e)(1) for pro bono
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`counsel, the district court is to make the following inquiries: (1) has the
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`indigent plaintiff made a reasonable attempt to obtain counsel or been
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`effectively precluded from doing so; and if so, (2) given the difficulty of the case,
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`does the plaintiff appear competent to litigate it himself?'" Eagan v. Dempsey,
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`987 F.3d 667, 682 (7th Cir. 2021) (quoting Pruitt v. Mote, 503 F.3d 647, 654
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`(7th Cir. 2007)). These two questions "must guide" the Court's determination
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`2
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`Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 3 of 7 PageID #:
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`whether to attempt to recruit counsel. Id. These questions require an
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`individualized assessment of the plaintiff, the claims, and the stage of
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`litigation. See Pruitt, 503 F.3d at 655–56.
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`The first question, whether litigants have made a reasonable attempt to
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`secure private counsel on their own, "is a mandatory, threshold inquiry that
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`must be determined before moving to the second inquiry." Eagan, 987 F.3d at
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`682; see also Thomas v. Anderson, 912 F.3d 971, 978 (7th Cir. 2019) (because
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`plaintiff did not show that he tried to obtain counsel on his own or that he was
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`precluded from doing so, the judge's denial of these requests was not an abuse
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`of discretion).
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`The Court denied Mr. Martin's previous request for counsel because he
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`had not demonstrated any efforts to recruit counsel on his own. Dkt. 144. Mr.
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`Martin represented during the status conference that he has contacted ten or
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`more attorneys with unsuccessful requests for representation. Accordingly, the
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`Court proceeds to the second inquiry.
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`"The second inquiry requires consideration of both the factual and legal
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`complexity of the plaintiff's claims and the competence of the plaintiff to litigate
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`those claims himself." Eagan, 987 F.3d at 682 (citing Pruitt, 503 F.3d at 655).
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`"Specifically, courts should consider 'whether the difficulty of the case—
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`factually and legally—exceeds the particular plaintiff's capacity as a layperson
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`to coherently present it to the judge or jury himself.'" Id. (quoting Pruitt, 503
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`F.3d at 655). "This assessment of the plaintiff's apparent competence extends
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`beyond the trial stage of proceedings; it must include 'the tasks that normally
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`3
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`Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 4 of 7 PageID #:
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`attend litigation: evidence gathering, preparing and responding to motions and
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`other court filings, and trial.'" Id. (quoting Pruitt, 503 F.3d at 655).
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`Considering Mr. Martin's abilities and the current posture of this case,
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`the Court declines to recruit counsel to represent Mr. Martin at the evidentiary
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`hearing. Mr. Martin has demonstrated that he is at least as capable as the
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`typical incarcerated layperson to represent himself. His filings in response to
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`the sanctions motion alone have been extensive, and he has supported them
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`with citations to legal authority and documentary evidence. He is as well-
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`equipped as his peers to question witnesses about the matters at issue,
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`particularly since the hearing concerns a discrete set of facts that are within
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`Mr. Martin's personal knowledge. The Court also considers that the issues to
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`be resolved by the evidentiary hearing do not go to the merits of Mr. Martin's
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`claims. There are hundreds of pro se prisoner cases pending in the Southern
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`District of Indiana at any given time, and judges are obligated to be "careful
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`stewards of the limited resource of volunteer lawyers," Watts, 42 F.4th at 764.
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`The Court concludes that appointing counsel to assist Mr. Martin at the
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`upcoming evidentiary hearing would not be an appropriate use of scarce
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`resources.
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`Mr. Martin's motion to appoint counsel is denied.
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`III. Witness and Exhibit Lists
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`The Court ordered the parties to submit proposed witness and exhibit
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`lists by October 28, 2024. Dkt. 144. On October 30, Mr. Martin filed a notice
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`4
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`Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 5 of 7 PageID #:
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`stating that he was complying with the requirement, but no witness or exhibit
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`list was attached, and none has been received since. Dkt. 147.
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`The Court ordered the parties to submit witness and exhibit lists for
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`multiple reasons. First, the Court directed the parties to submit witness and
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`exhibit lists to ensure that the parties align their evidentiary presentations with
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`the limited scope of the hearing. Second, each side is limited to a total of two
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`hours for their presentation. This timeframe limits the number of witnesses
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`that can offer meaningful testimony. The Court directed the parties to submit
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`witness and exhibit lists to ensure that the total number of witnesses is
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`manageable and that as many disputes as possible can be resolved before the
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`hearing. Finally, Mr. Martin is incarcerated and proceeding without counsel
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`and may require assistance in arranging the attendance of certain witnesses.
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`Presenting a witness list allows the Court to ensure the participation of
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`witnesses with material testimony.
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`During the telephonic status conference, Mr. Martin stated that he
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`intends to present unspecified documents that are already on the docket. Mr.
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`Martin may present such exhibits at the hearing, and the defendants may raise
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`objections to the relevance, authenticity, or admissibility of those documents at
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`the hearing.
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`Mr. Martin identified twelve witnesses that he wishes to call. There will
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`not be time to hear testimony from all of them. Four witnesses—Tawni
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`Templeton, Michael Ellis, Ally Rittenberg, and Ashlynn Gonthier—are already
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`on the defendants' witness list, dkt. 146, so Mr. Martin will have an
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`5
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`Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 6 of 7 PageID #:
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`opportunity to examine those witnesses and testify himself. For any other
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`witnesses Mr. Martin wishes to call, he must file no later than November 26,
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`2024, a witness list that includes for each witness their name, address, and
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`IDOC number (if relevant), and a summary of the witness's anticipated
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`testimony. If Mr. Martin fails to comply with this deadline, he will not be
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`permitted to present any additional witnesses. Last, the Court has considered
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`Mr. Martin's allegations that his custodians have prevented him from timely
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`filing a witness list. The Court takes these allegations seriously. Therefore, if
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`Mr. Martin contends that prison officials prevented him from complying with
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`Court deadlines, he may testify under oath at the hearing who did what and
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`when did they do it.
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`IV. Conclusion
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`Mr. Martin's motion to stay the evidentiary hearing is denied. Mr.
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`Martin's renewed motion for counsel is denied. Mr. Martin's proposed witness
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`and exhibit lists are under advisement as discussed in Part III. If he wishes to
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`call any witness not on the defendants' list, he must file the witness's name,
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`address, and IDOC number (if relevant), and a summary of the witness's
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`anticipated testimony, no later than November 26, 2024.
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`The clerk is directed to issue a copy of this order to the Warden of
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`Wabash Valley Correctional Facility. Given the short deadline for Mr. Martin to
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`submit a witness list, the Court would appreciate the Warden's cooperation in
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`ensuring that Mr. Martin receives this order promptly and receives an
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`opportunity to timely file his witness list.
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`6
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`Case 2:23-cv-00078-JPH-MKK Document 152 Filed 11/19/24 Page 7 of 7 PageID #:
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`SO ORDERED.
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`Distribution:
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`ANTHONY MARTIN
`945288
`WABASH VALLEY – CF
`Wabash Valley Correctional Facility
`Electronic Service Participant – Court Only
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`
`Warden
`Wabash Valley Correctional Facility
`6908 S. Old US Hwy 41
`Carlisle, IN 47838
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`All electronically registered counsel
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`7
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`Date: 11/19/2024
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