Barnes v. Northwestern Memorial Hospital
| Howard Barnes |
| Northwestern Memorial Hospital |
| 1:2023cv01071 |
| February 22, 2023 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 7 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's application to proceed in forma pauperis #4 is granted. Plaintiff's motion for attorney representation #5 is denied. To proceed in forma pauperis, an individual must show that, because of their poverty, they are "unable to pay court fees and costs while also providing necessities" for themselves and their dependents." Maboneza v. Kincaid, 798 F. App'x 19 (7th Cir. 2020); Adkins v. E.I.Dupont de Nemours & Co., 335 U.S. 331, 339 (1948). In this case, Plaintiff's application indicates that he has no monthly income for the past 12 months and is currently unemployed. Furthermore, he has no cash or bank accounts or other assets. Accordingly, the Court finds that he has demonstrated his inability to pay the filing fee. With respect to Plaintiff's motion for attorney representation, "[t]here is no right to courtappointed counsel in federal civil litigation," Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014), but the Court has discretion to request that an attorney represent an indigent litigant on a volunteer basis under 28 U.S.C. 1915(e)(1). "[A] district court faced with a request for counsel must ask two questions: '(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?'" Armstrong v. Krupiczowicz, 874 F.3d 1004, 1008 (7th Cir. 2017) (quoting Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc)); see also Pickett v. Chicago Transit Auth., 930 F.3d 869, 871 (7th Cir. 2019) ("A litigant's good faith but unsuccessful effort to obtain counsel is a necessary condition to the provision of judicial assistance to recruit a lawyer."). Plaintiff's motion does not demonstrate that he has made reasonable attempts to obtain counsel. Indeed, his motion shows that he has not contacted any attorneys regarding his case. Accordingly, that motion is denied. The Court declines to issue summons at this time. The Court sua sponte dismisses Plaintiff's complaint for want of jurisdiction. Every federal court has an obligation to ensure that it has jurisdiction over the cases before it. Scott Air Force Base Prop., LLC v. County of St. Clair Ill., 548 F.3d 516, 520 (7th Cir. 2008). Plaintiff's complaint alleges "I went to this Hospital because I got hit by a car. And they sent me to Madden Mental Health Center for no reason, I am sueing doctors need to be fired!!!!" Compl., ECF No. 1. But that is all it says. Although the Federal Rules of Civil Procedure only require a short plain statement showing that the pleader is entitled to relief, and even though pro se complaints, such as Plaintiff's, are construed liberally, the Court finds no basis to exercise jurisdiction over Plaintiff's complaint. He does not identify a federal cause of action, and one is not apparent on the facts provided, nor does he satisfy this Court's diversity jurisdiction. Accordingly, the Court dismisses the complaint without prejudice. The Court will permit Plaintiff to amend his complaint to state a valid basis for which this Court can exercise jurisdiction. Any amended complaint must be filed by May 1, 2023, lest this case be dismissed. Notice mailed by Judge's staff (lf, ) |
| Filing 5 MOTION by Plaintiff Howard Barnes for attorney representation. (daj, ) |
| Filing 4 APPLICATION by Plaintiff Howard Barnes for leave to proceed in forma pauperis. (daj, ) |
| Filing 3 PRO SE Appearance by Plaintiff Howard Barnes. (daj, ) |
| Filing 2 CIVIL Cover Sheet. (daj, ) |
| Filing 1 RECEIVED COMPLAINT filed by Howard Barnes. (daj, ) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (daj, ) |
| 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. (daj, ) |
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| Plaintiff: Howard Barnes | |
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| Defendant: Northwestern Memorial Hospital | |
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