Burton et al v. Santander Consumer USA et al
Anthony Burton and Alicia Burton |
Santander Consumer USA, Drive Financial Services and Bob Watson Chevrolet, Inc. |
1:2011cv04320 |
June 24, 2011 |
US District Court for the Northern District of Illinois |
Chicago Office |
Cook |
Marvin E. Aspen |
All Other Real Property |
28 U.S.C. ยง 1332 |
None |
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Filing 9 WRITTEN Opinion entered by the Honorable Marvin E. Aspen on 8/24/2011: Presently before us is Alicia Burton's (Ms. Burton) motion to proceed in forma pauperis with her seven-count complaint against Santander Consumer USA, Drive Financial Service s, and Bob Watson Chevrolet, Inc. (Dkt. No. 7 ) Because Ms. Burton has satisfied the criteria to proceed in forma pauperis, her motion 7 is granted. As of now, however, we are still not inclined to appoint the Burtons an attorney. Nothing in th e record indicates that the Burtons have reasonably exhausted their search for private counsel. Zarnes v. Rhodes, 64 F.3d 285, 288. The Clerk of the Court is directed to issue summons and complaint to the U.S. Marshals Service for service on defendant(s). A status hearing is set for 10/13/11 at 10:30 a.m., in Courtroom 2525. Mailed notice (For further details see Written Opinion) (nf, ) |
Filing 8 WRITTEN Opinion entered by the Honorable Marvin E. Aspen on 7/11/2011: We deny Burton's application to proceed in forma papueris (4) without prejudice as to refiling. If Burton chooses to submit another IFP application, he must review the affi davit carefully, respond in full to each question, and sign the affidavit thus attesting to its truth. We need not address the sufficiency of the complaint at this time. As Burton has not established indigence, we deny his motion (5) for appointment of counsel, which we add is also unsigned. In addition, Burton's motion does not demonstrate that he needs counsel at this time or exhausted the search for a private attorney. Mailed notice (For further detail see Written Opinion) (nf, ) |
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