Washington Sr. v. Lewis et al
| Mario Devonne Washington Sr. |
| Nathan Lewis, Kyle Winbigler, Kevin Legate, Russell Idle, The Galesburg Police Department and City of Galesburg |
| 4:2024cv04065 |
| April 15, 2024 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Chief Judge Sara Darrow on June 6, 2024. Plaintiff filed a #2 motion for leave to proceed in forma pauperis ("IFP") and a #3 motion to request counsel on April 15, 2024. The Court denied Plaintiff's IFP motion because he filed the short form (AO 240), but the Court requires litigants to submit the long form (AO 239). Apr. 19, 2024 Text Order. Plaintiff later paid the filing fee in full. See May 20, 2024 Docket Entry. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). But a civil litigant who is "unable to afford counsel" may ask the district court to request counsel for them. 28 U.S.C. 1915(e)(1). Indigency is a mandatory prerequisite for a civil litigant to request counsel. See, e.g., Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021); see also Pruitt, 503 F.3d at 654 (specifying that 28 U.S.C. 1915(e)(1) applies to "indigent" civil plaintiffs). At this stage, Plaintiff has not demonstrated that he is indigent and unable to afford counsel. Therefore he is ineligible for appointment of counsel. Plaintiff's #3 motion to request counsel is DENIED WITHOUT PREJUDICE. (ARR)
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| Filing 4 CERTIFICATE OF SERVICE regarding summons by Mario Devonne Washington Sr. (Attachments: #1 envelope)(RES) |
| Filing fee: $ 405, receipt number ROC400000766 (ANW) |
| Set Deadline: Miscellaneous Deadline 5/20/2024 (VH) |
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TEXT ORDER entered by Chief Judge Sara Darrow on April 19, 2024. Plaintiff's #2 Application to Proceed in District Court Without Prepaying Fees or Costs is DENIED because the Court requires litigants to use the long form version of the application (AO 239). Plaintiff may pay the filing fee or file form AO 239 by May 20, 2024. If he fails to do so, his complaint may be dismissed. The Clerk is directed to provide a copy of form AO 239 to Plaintiff. (AV)
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| Filing 3 MOTION to Request Counsel by Plaintiff Mario Devonne Washington Sr.. Responses due by 4/29/2024 (RES) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Mario Devonne Washington Sr. Responses due by 4/29/2024 (RES) |
| Filing 1 COMPLAINT against City of Galesburg, Russell Idle, Kevin Legate, Nathan Lewis, The Galesburg Police Department, Kyle Winbigler, filed by Mario Devonne Washington Sr..(RES) |
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