Earl D. Wimberly v. Stanley J. Rogers

On January 2, 1975, plaintiff-appellant, a California State prisoner, filed a civil rights complaint against certain state correctional, and other officers, of the State of Montana ( 42 U.S.C. §§ 1983 and 1985). He moved for appointment of counsel to represent him, and the right to sue in forma pauperis. The first motion was denied; the second was granted, each on the day they were filed.

The 82 paragraph complaint is a typical propria persona document. Various motions to dismiss were filed by certain defendants on various grounds. Motion for summary judgment “interlocutory in character” was made by certain defendants, as well as two motions for stay of proceedings by defendants. Appellant made several motions for default judgment (one was granted, later to be set aside because that defendant had previously filed an answer), and motions to strike certain defendant’s answers.

On April 15,1975, Judge Smith signed an order denying Wimberly’s Motion for Appointment of Counsel, requiring that all Interrogatories and Requests for Admission and Production be filed by July 1,1975, and staying all further proceedings “until Wimberly is released from custody and able to personally attend…