Martinez v. State of Illinois, The
| Ayanna Martinez |
| State of Illinois, The |
| 1:2023cv03194 |
| May 22, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has refiled a motion for attorney representation #9 , listing three law firms or legal aid organizations that she contacted, as instructed in the Court's minute entry of 5/26/2023 #8 . In the same minute entry #8 , the Court denied Plaintiff's application to proceed in forma and directed Plaintiff to pay the filing fee or file an amended motion for leave to proceed in forma pauperis detailing why Plaintiff's income is insufficient to pay the filing fee by 6/23/2023. Until Plaintiff's fee status is resolved, the Court cannot address any substantive motions filed by Plaintiff. And moreover, the Court finds that Plaintiff can comply with the Court's order regarding paying the filing fee or filing an amended motion for leave to proceed in forma pauperis without attorney assistance. Accordingly, the Court enters and continues Plaintiff's renewed motion for attorney representation #9 . The 6/23/2023 deadline for Plaintiff to pay the filing fee or file an amended motion for leave to proceed in forma pauperis stands. Mailed notice. (kp, ) |
| Filing 12 COMPLAINT filed by Ayanna Martinez. (nsf, ) |
| Filing 9 MOTION by Plaintiff Ayanna Martinez for attorney representation (jg, ) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's application to proceed in forma pauperis (IFP) #3 and denies Plaintiff's motion. To determine whether a litigant is indigent, many judges in this district use the United States Health and Human Services (HHS) poverty guidelines (available at https://aspe.hhs.gov/poverty-guidelines). See Newell v. Velacruz, 2017 WL 5905275, at *1 (N.D. Ill. Jan. 26, 2017); Bittman v. Illinois, 2013 WL 120285, at *1 (N.D. Ill. Jan. 8, 2013) (same). The HHS poverty guidelines for 2023 for the 48 contiguous states and the District of Columbia set the poverty level for a household of one at $14,580. Plaintiff's IFP application lists her annual source of income as $18,036, which is above the HHS's poverty threshold. Plaintiff lists no debts or other financial obligations. Accordingly, based on the information included in Plaintiff's IFP application, the Court is not convinced that Plaintiff cannot pay the $402 filing fee. As such, Plaintiff's IFP motion is denied without prejudice. By June 23, 2023, Plaintiff must either pay the $402 filing fee or file an amended motion for leave to proceed in forma pauperis detailing why Plaintiff's income is insufficient to pay the filing fee. Failure to file an amended IFP application or pay the filing fee by this deadline may result in dismissal of the lawsuit. Additionally, Plaintiff's motion for attorney representation #4 is denied without prejudice. Plaintiff states that she has contacted "a civil rights litigating attorney" but has been unable to find an attorney because "there are no civil rights attorneys, only civil injury attorneys." R. #4 at 1. Plaintiff must contact at least three law firms or legal aid organizations to demonstrate that she has made a reasonable effort to obtain counsel on his own. See Pickett v. Chi. 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."). For legal assistance, the Court directs Plaintiff's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at: https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or 312-435-5691. Plaintiff may renew her motion for attorney representation if the case progresses; however, any renewed motion must include information about which law firms or legal aid organizations Plaintiff has contacted, as indicated above. Mailed notice (ags) |
| 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 PRO SE Appearance by Plaintiff Ayanna Martinez. (jn, ) |
| Filing 4 MOTION by Plaintiff Ayanna Martinez for attorney representation. (jn, ) |
| Filing 3 APPLICATION by Plaintiff Ayanna Martinez for leave to proceed in forma pauperis. (jn, ) |
| Filing 2 CIVIL Cover Sheet. (jn, ) |
| Filing 1 RECEIVED Complaint and no copies by Ayanna Martinez. (jn, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (jn, ) |
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| Plaintiff: Ayanna Martinez | |
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