Payne v. Thomas et al
| Mitchell Payne |
| Tarri Thomas, Deanna Lynn Watson, Jaburia Watson, Bridgette Adams, Dawn Lynn, Robert Johnson and Greg Appeal |
| 1:2022cv02876 |
| June 1, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| Filing 12 MINUTE entry before the Honorable John F. Kness: Pending before the Court are Plaintiff's application #4 for leave to proceed in forma pauperis ("IFP") and motion #5 for attorney representation. The application #4 omits necessary information for the Court to consider Plaintiff's application. As an initial matter, it is not clear whether Plaintiff is currently employed and what, if any, other sources of income Plaintiff receives. Plaintiff does not respond to the question "Are you employed?" Instead, Plaintiff lists "Ubar" as the name of his employer, but writes "suspended" in the space designated for the total amount of monthly take-home pay. Plaintiff also writes "06/2019" as the date of his last employment, but lists "Ubar" and "DoorDash" as sources of income from the past twelve months. Plaintiff further confuses the issue by writing "Im [sic] a Cook County State & Federal Law Clerk," but does not provide any other details about that employment or provide income information relating to that alleged position. Also, it is not clear how (or if) Plaintiff is paying child support for his two children listed as dependents. Plaintiff lists his two children as dependents and the amount of child support for which Plaintiff is responsible, but lists "Illinois Dept of Child Support Enforcement" as the "amounts [Plaintiff] owe[s] to others." Finally, Plaintiff's application is undated. Based on the incomplete and inconsistent information regarding Plaintiff's current employment and income, the Court cannot determine whether Plaintiff is entitled to relief from paying fees and costs related to this suit. Accordingly, Plaintiff's application #4 for leave to proceed IFP is denied without prejudice. Plaintiff may, on or before 8/5/2022, file an amended, complete, and clear application for leave to proceed IFP. Plaintiff is reminded that the representations Plaintiff makes in his application are deemed to be made under penalty of perjury. As for Plaintiff's motion #5 for attorney representation, the Court does not find that counsel is warranted at this time. The case has not moved beyond the pleading stage, and the Court has little detailed evidence yet of Plaintiff's abilities. See Olsen v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014) (there is no "right to court-appointed counsel in federal civil litigation"). Accordingly, Plaintiff's motion #5 for attorney representation is denied without prejudice to later renewal as circumstances may warrant. Mailed notice (ef, ) |
| Filing 11 STATEMENT by Mitchell Payne (Attachments) (kl, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jn, ) |
| Filing 5 MOTION by Plaintiff Mitchell Payne for attorney representation. (jn, ) |
| Filing 4 APPLICATION by Plaintiff Mitchell Payne for leave to proceed in forma pauperis. (jn, ) |
| Filing 3 PRO SE Appearance by Plaintiff Mitchell Payne (jn, ) |
| Filing 2 CIVIL Cover Sheet. (jn, ) |
| Filing 1 COMPLAINT filed by Mitchell Payne. (Exhibits). (jn, ) Modified on 6/2/2022 (jn, ). |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jn, ) |
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