Skinner v. Mathis et al
| Trender Skinner |
| Audrey Mathis, Corina Reyes Klowatyj and City of Chicago OEMC Mgmt. |
| 1:2023cv04010 |
| June 23, 2023 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
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| Filing 9 MINUTE entry before the Honorable John Robert Blakey: Plaintiff initiated this lawsuit on 6/23/23 by submitting a complaint and filing an application for leave to proceed in forma pauperis #4 and a motion for attorney representation #5 . The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $402 filing fee; and second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff's IFP application indicates that she earns $2,300 per month; such assets make her ineligible for pauper status. Moreover, her complaint alleges that she filed discrimination charges with the EEOC and the IDHR, respectively, on 2/25/19 and 8/5/19, and received a final agency decision on 5/27/22, which would make her complaint, submitted 6/23/23, time barred. The Court notes that Plaintiff also alleges, in another paragraph, that she received a notice of right to sue letter on 5/16/23, and, to the extent Plaintiff can amend her complaint to allege a timely claim, she may do so by 9/15/23. To proceed, however, Plaintiff must pay the $402 filing fee. The Court denies Plaintiff's IFP application #4 and dismisses her initial complaint. The Court also denies Plaintiff's motion for attorney representation #5 . 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 district 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 is indigent and 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)). Here, Plaintiff has failed to demonstrate indigence, and has failed to list any attempts to secure counsel on her own. If Plaintiff fails to submit an amended complaint and pay the filing fee by 9/15/23, the Court will dismiss this case. Mailed notice (gel, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey:This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 8/10/2023, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at Gloria_Lewis@ilnd.uscourts.gov. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Trender Skinner. (aee, ) |
| 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. (aee, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (aee, ) |
| Filing 5 MOTION by Plaintiff Trender Skinner for attorney representation. (aee, ) |
| Filing 4 APPLICATION by Plaintiff Trender Skinner for leave to proceed in forma pauperis (Exhibits). (aee, ) |
| Filing 3 PRO SE Appearance by Plaintiff Trender Skinner. (aee, ) |
| Filing 2 CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Trender Skinner (Exhibits). (aee, ) (Additional attachment(s) added on 6/26/2023: #3 Exhibit, #4 Exhibit) (aee, ). |
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