Skaggs v. Belcher et al
| Daniel Skaggs |
| J L Belcher, Kam Dowdy, Dana Ray, Jane Doe, Antonio Brown, Amanda Thompson, . Costerison, Pac Song Kang and S E Flannery |
| 2:2020cv02092 |
| April 15, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Set/Reset Deadlines: J L Belcher answer due 7/6/2020; Antonio Brown answer due 7/6/2020; S E Flannery answer due 7/6/2020. (KE, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 6/5/2020. Plaintiff's motion to request counsel #20 is DENIED. The Court does not possess the authority to require an attorney to accept pro bon appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court can do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992)(holding that it is a "fundamental premise that indigent civil litigants have no constitutional or statutory right to be represented by counsel in federal court."). In determining whether the Court should attempt to find an attorney to voluntarily take a case, "the question is whether the difficulty of the case-factually and legally-exceeds the particular plaintiff's capacity as a layperson to coherently present it to the judge or jury himself.... The question is whether the plaintiff appears competent to litigate his own claims, given their degree of difficulty, and this includes the tasks that normally attend litigation: evidence gathering, preparing and responding to motions and other court filings, and trial." Pruitt, 503 F.3d at 655 (emphasis in original). In other words, this inquiry is an individualized one based upon the record as a whole, the nature of the claims, and the plaintiff's ability to pursue his claims through all phases of the case, including discovery and trial. Navejar v. Iyioloa, 718 F.3d 692, 696 (7th Cir. 2013). As the Seventh Circuit has acknowledged, "[a]lmost everyone would benefit from having a lawyer, but there are too many indigent litigants and too few lawyers willing and able to volunteer for these cases. DeWitt v. Corizon, Inc., 760 F.3d 654, 657 (7th Cir. 2014)(internal quotation omitted). Although the Seventh Circuit has held that appointment of counsel should occur in cases in which counsel would have made a difference in the outcome of the litigation (Santiago v. Walls, 599 F.3d 749, 465 (7th Cir. 2010)), the Seventh Circuit has also held that the test for appointment of counsel is not whether a lawyer could more effectively handle the case. Pruitt, 503 F.3d at 655. The test is whether the litigant is competent to litigate his own claims. Id. In the instant case, Plaintiff's claim has survived a merit review, and he has filed cogent pleadings with the Court. Plaintiff appears capable of writing and reading English, and he has completed some college course work. Furthermore, Plaintiff's claim is not so novel or complex that he cannot litigate them himself. Plaintiff has personal knowledge of the facts supporting his claim and appears capable of cross-examining Defendants regarding their version of the events. Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). Plaintiff appears competent to litigate this case himself at this point in the litigation, and therefore, the Court denies his motion for counsel. (KE, ilcd)
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| Filing 20 MOTION to Request Counsel by Plaintiff Daniel Skaggs. Responses due by 6/17/20. (TC, ilcd) |
| Filing 19 WAIVER OF THE SERVICE OF SUMMONS by S E Flannery. (Eberhardt, Susan) |
| Filing 18 WAIVER OF THE SERVICE OF SUMMONS by Antonio Brown. (Eberhardt, Susan) |
| Filing 17 WAIVER OF THE SERVICE OF SUMMONS by J L Belcher. (Eberhardt, Susan) |
| Set/Reset Deadlines:. Costerison answer due 7/6/2020; Kam Dowdy answer due 7/6/2020; Dana Ray answer due 7/6/2020; Pac Song Kang answer due 7/6/2020; Amanda Thompson answer due 7/6/2020. (KE, ilcd) |
| Filing 16 WAIVER of the Service of Summons by Pac Song Kang. (Hayek, Thomas) |
| Filing 15 WAIVER of the Service of Summons by Kam Dowdy. (Hayek, Thomas) |
| Filing 14 WAIVER of the Service of Summons by. Costerison. (Hayek, Thomas) |
| Filing 13 WAIVER of the Service of Summons by Dana Ray. (Hayek, Thomas) |
| Filing 12 WAIVER of the Service of Summons by Amanda Thompson. (Hayek, Thomas) |
| Filing 11 NOTICE of Appearance of Attorney by Thomas John Hayek on behalf of. Costerison, Kam Dowdy, Dana Ray, Pac Song Kang, Amanda Thompson (Hayek, Thomas) |
| Filing 10 NOTICE of Appearance of Attorney by William W Kurnik on behalf of J L Belcher, Antonio Brown, S E Flannery (Kurnik, William) |
| Filing 9 NOTICE of Appearance of Attorney by Susan Jacqueline Eberhardt on behalf of J L Belcher, Antonio Brown, S E Flannery (Eberhardt, Susan) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to J L Belcher, Antonio Brown, Costerison, Kam Dowdy, S E Flannery, Pac Song Kang, Dana Ray, Amanda Thompson on 5/5/2020. (Attachments: #1 Waiver Ray, #2 Waiver Kang, #3 Waiver Flannery, #4 Waiver Dowdy, #5 Waiver Costerison, #6 Waiver Brown, #7 Waiver Belcher)(KE, ilcd) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 5/5/2020. See written order. (KE, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 5/5/2020. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint states a Due Process claim under the Fourteenth Amendment based upon the lack of medical attention for his serious medical needs. Any additional claims shall not be included in the case, except at the Court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendants pursuant to the Court's standard procedures. Plaintiff should pay the initial, partial filing fee of $45.48 that the Court imposed in this case. Plaintiff should pay this fee within thirty (30) days from the date of this Order. If Plaintiff fails to timely pay this fee, the Court will dismiss this case. See written order. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/16/2020. Plaintiff's motion to request counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Daniel Skaggs. Responses due by 4/29/2020 (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Daniel Skaggs. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Daniel Skaggs.(KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 5/5/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Daniel Skaggs. (Attachments: #1 Exhibits)(KE, ilcd) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 4/15/2020. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $45.48. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (KE, ilcd)
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