Willis v. Scott et al
| Maceo G Willis, Jr |
| Marie Nieman, Ebony Berry, Gregg Scott, James McCurry and C Woods |
| 4:2019cv04049 |
| March 6, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 |
| Plaintiff |
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| Filing 13 NOTICE of Appearance of Attorney by Timothy Sullivan on behalf of Ebony Berry, James McCurry, Marie Nieman, Gregg Scott, C Woods (Sullivan, Timothy) |
TEXT ORDER Entered by Judge Colin Stirling Bruce on 3/22/19. Plaintiff's second motion for counsel #11 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono 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, Plaintiffs claim has survived a merit review, and he has filed cogent pleadings with the Court. Furthermore, Plaintiff has experience litigating in federal court and his claim is not so novel or complex that he cannot litigate it 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 has offered no reason why he cannot litigate this case or why his case differs from any other of the plethora of pro se plaintiffs who ask for the appointment of counsel in almost every case filed. DeWitt, 760 F.3d at 657-58. Plaintiff appears competent to litigate this case himself, and therefore, the Court denies his motion to appoint counsel. (SKR, ilcd)
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| Filing 12 WAIVER OF SERVICE Returned Executed by Maceo G Willis, Jr. All Defendants. (SKR, ilcd) |
| Filing 11 MOTION to Request Counsel by Plaintiff Maceo G Willis, Jr. Responses due by 4/4/2019 (Attachments: #1 Exhibits)(SKR, ilcd) |
| Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Gregg Scott, James McCurry, Ebony Berry, C. Woods and Marie Nieman on 3/18/19. (Attachments: #1 McCurry waiver, #2 Berry Waiver, #3 Woods waiver, #4 Nieman waiver)(SKR, ilcd) |
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Filing 9
HIPAA QUALIFIED PROTECTIVE ORDER Entered by Judge Harold A. Baker on 3/18/19. SEE WRITTEN ORDER. (SKR, ilcd)
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Filing 8
ORDER Entered by Judge Harold A. Baker on 3/18/19. Plaintiff's motion to proceed in forma pauperis #3 is GRANTED. Plaintiff's motion to waive filing fee #7 is DENIED. Plaintiff must pay the initial, partial filing fee by April 29, 2019, or the Court will dismiss this case. SEE WRITTEN ORDER. (Rule 16 Deadline 5/17/2019.) (SKR, ilcd)
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| Prisoner Initial Partial Filing Fee received 3/18/2019, in the amount of $25.00; receipt number 24626008542. (DS, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/13/19. Plaintiff's Motion to Request Counsel #4 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 conducting a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review. (KM, ilcd)
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| Filing 7 MOTION to Waive Filing Fee by Plaintiff Maceo G Willis, Jr. Responses due by 3/26/2019 (Attachment: #1 Scanning Sheet)(MAS, ilcd) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER for Maceo G Willis, Jr. (KM, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/8/19. This Court has instituted a reduced filing fee procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment will be assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $400 filing fee). Income includes all deposits from any source. Plaintiff Maceo Willis is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. Plaintiff's ledgers for the past six months show an average monthly income of $50.00. Plaintiff is ordered to send an institutional check or money order in the amount of $25.00, payable to Clerk, U.S. District Court within 30 days from the date of this order (Miscellaneous Deadline set 4/8/2019). The reduced fee may be waived if the plaintiff, within 14 days of this order, files a motion to waive the fee and demonstrates good cause for such waiver. (KM, ilcd)
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| Filing 5 Letter from Clerk to Trust Fund Department at IL Dept. of Human Services requesting trust fund ledgers as to Maceo G. Willis Jr. (KM, ilcd) Modified on 3/7/2019 Letter emailed to Rushville (KM, ilcd). |
| Filing 4 MOTION to Request Counsel by Plaintiff Maceo G Willis, Jr. Responses due by 3/20/2019 (Attachments: #1 Exhibit)(JMB, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Maceo G Willis, Jr. Responses due by 3/20/2019 (Attachments: #1 Application to Proceed IFP)(JMB, 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 3/26/2019. (Attachments: #1 Notice Regarding Privacy Issues)(JMB, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Maceo G Willis, Jr. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(JMB, ilcd) |
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