Armstead v. Valley View School District
| Theresa Armstead |
| Valley View School District |
| 1:2023cv03312 |
| May 25, 2023 |
| US District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Thomas M Durkin |
| Labor: Fair Standards |
| 42 U.S.C. ยง 2000 Job Discrimination (Race) |
| None |
Docket Report
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| SUMMONS Issued as to Defendant Valley View School District (exr, ) |
| Filing 13 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeremy C. Daniel; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Jeremy C. Daniel; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeremy C. Daniel's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's criminal case assignment system twelve (12) months so that Judge Daniel shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings. Honorable Thomas M. Durkin no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/27/2023.(tg, ) |
| Filing 12 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for attorney representation #5 is denied. There is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010); see also Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). Nevertheless, the Court has discretion under 28 U.S.C. 1915(e)(1) to recruit counsel for an indigent litigant. Ray v. Wexford Health Sources, Inc., 706 F.3d 864, 866-67 (7th Cir. 2013). When a pro se litigant submits a request for assistance of counsel, the Court must first consider whether the plaintiff has made reasonable attempts to secure counsel on her own. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013) (citing Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc)). If so, the Court must examine "whether the difficulty of the casefactually and legallyexceeds the particular plaintiff's capacity as a layperson to coherently present it." Navejar, 718 F.3d at 696 (quoting Pruitt, 503 F.3d at 655). "The question... is whether the plaintiff appears competent to litigate her own claims, given their degree of difficulty. Pruitt, 503 F.3d at 655. The Court also considers such factors as the plaintiff's "literacy, communication skills, education level, and litigation experience." Id. After considering the above factors, the Court concludes that the solicitation of counsel is not warranted in this case. First, while Plaintiff indicates that she has contacted several law firms, and she cannot afford their services, she may still seek legal representation free of charge (pro bono) from legal aid organizations or individual attorneys. Further, Plaintiff indicates she has completed some college courses, and she has alleged no mental disability that might preclude her from adequately investigating the facts giving rise to this lawsuit. Plaintiff, whose submissions to date have been coherent and articulate, appears more than capable of litigating this matter. It should additionally be noted that the Court grants pro se litigants wide latitude in the handling of their lawsuits. Therefore, Plaintiff's motion for attorney representation is denied at this time. Should the case proceed to a point that assistance of counsel is appropriate, the Court may revisit this request. Mailed notice. (ecw, ) |
| Filing 11 MINUTE entry before the Honorable Thomas M. Durkin: By 9/1/2023, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (ecw, ) |
| Filing 10 COMPLAINT filed by Theresa Armstead (Exhibits) (exr, ) |
| Filing 8 MINUTE entry before the Honorable Thomas M. Durkin: The Court relies on the financial affidavit filed along with the in forma pauperis application to assess a party's claim to indigency. In order to file and proceed on a lawsuit in forma pauperis - that is, without paying the filing fee - "a plaintiff's income must be at or near the poverty level." Newell v. Velacruz, 2017 WL 5905275, at *1 (N.D. Ill. Jan. 26, 2017); see also Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). To measure poverty level, many judges in this district use the poverty guidelines promulgated by the United States Department of Health and Human Services (available at https://aspe.hhs.gov/poverty-guidelines). The HHS poverty guidelines for 2023 for the 48 contiguous states and the District of Columbia set the poverty level for a family of two at an annual income level of $19,720. Plaintiff reports that her spouse makes a monthly income of $3,200, which is $38,400 a year. She also reports that she was employed until February 2023 and receives social security payments and unemployment checks. Therefore, Plaintiff does not meet the criteria to proceed in forma pauperis. By June 26, 2023, plaintiff must pay the filing fee. Mailed notice. (ecw, ) |
| 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. (exr, ) |
| Filing 5 MOTION by Plaintiff Theresa Armstead for attorney representation (exr, ) |
| Filing 4 APPLICATION by Plaintiff Theresa Armstead for leave to proceed in forma pauperis (exr, ) Modified on 5/26/2023 (exr, ). |
| Filing 3 PRO SE Appearance by Plaintiff Theresa Armstead (exr, ) |
| Filing 2 CIVIL Cover Sheet (exr, ) |
| Filing 1 RECEIVED Complaint and no copies by Theresa Armstead (Exhibits) (exr, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (exr, ) |
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| Plaintiff: Theresa Armstead | |
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