Lorenzo v. John J. Madden Mental Health Facility
| Jocelyn R. Lorenzo |
| John J. Madden Mental Health Facility |
| 1:2023cv04419 |
| July 10, 2023 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination |
| None |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule: Plaintiff's response is due on or before 12/11/2023; Defendant's reply is due on or before 12/26/2023 as to Defendant's motion to dismiss Plaintiff's complaint #18 . Mailed notice. (kp, ) |
| Filing 19 MEMORANDUM by John J. Madden Mental Health Facility in support of Motion to Dismiss for Failure to State a Claim #18 (Defendant's Memorandum of Law in Support of its Motion to Dismiss Plaintiff's Complaint) (Attachments: #1 Exhibit 1: Lorenzo, I - Complaint, #2 Exhibit 2: Lorenzo, I - Second Amended Complaint, #3 Exhibit 3: Lorenzo, I - Order)(Kirby, Maebetty) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John J. Madden Mental Health Facility (Kirby, Maebetty) |
| Filing 17 MINUTE entry before the Honorable Thomas M. Durkin: By 12/22/2023, 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. (kp, ) |
| Filing 16 ATTORNEY Appearance for Defendant John J. Madden Mental Health Facility by Maebetty Kirby (Kirby, Maebetty) |
| Filing 15 SUMMONS Returned Executed as to John J. Madden Mental Health Facility on 10/31/2023, answer due 11/21/2023. (nsf, ) |
| Filing 14 LETTER from Jocelyn R. Lorenzo dated 9/25/2023 and 10/7/2023. (ph, ) |
| Filing 13 MINUTE entry before the Honorable Thomas M. Durkin: By or before 10/13/2023, Plaintiff is to file a written report on the status of service, including an explanation of why Defendant John J. Madden Mental Health Facility has not yet been served. Failure to provide a written report by the stated deadline will result in dismissal of this case. Mailed notice. (kp, ) |
| Filing 12 EXHIBIT by Plaintiff Jocelyn R. Lorenzo. (ph, ) |
| Filing 11 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's renewed motion for attorney representation #9 is denied without prejudice. While there is no constitutional or statutory right to counsel in federal civil cases, Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010), 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). The Court considers whether the indigent plaintiff has made reasonable attempts to secure counsel on her own, and if so, "whether the difficulty of the case factually and legally exceeds the particular plaintiff's capacity as a layperson to coherently present it." Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013). After considering these factors, the Court concludes that appointed counsel is still not warranted at this time. Plaintiff reports that she has contacted several attorneys. However, she is a college graduate. And while she reports that her ability to speak, write, and/or read English is limited because English is not her primary language, she filed a comprehensible complaint detailing her allegations and a well-written letter requesting appointed counsel with the Court. Plaintiff has the ability to manage the case on her own at this early stage. There are also numerous resources for pro se litigants on the Court's website. If in the future, Plaintiff believes she cannot effectively litigate the case, she can renew her motion. Lastly, Plaintiff is reminded that she is to file the EEOC Notice of Right to Sue by or before August 1, 2023. Mailed notice. (ecw, ) |
| Filing 9 MOTION by Plaintiff Jocelyn R. Lorenzo for attorney representation. (Letter) (ph, ) |
| SUMMONS Issued, certified copy of order dated 07/18/2023 to the U.S. Marshal's Office for service as to Defendant John J. Madden Mental Health Facility via email. (rc, ) |
| Filing 8 COMPLAINT filed by Jocelyn R. Lorenzo; Jury Demand. (rc, ) |
| Filing 7 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's application for leave to proceed in forma pauperis #4 is granted. The Court finds that Plaintiff is unable to pay the costs and fees associated with filing this action and thus the filing fee is waived. The Clerk is directed to file Plaintiff's complaint and issue summons for service of the complaint on the Defendant. The United States Marshals Service is appointed to serve the Defendant. The Court advises Plaintiff that a completed USM-285 (Marshals service) form is required for service on the Defendant. Plaintiff's motion for attorney representation #5 is denied without prejudice. There is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010). 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). The Court first considers whether the indigent plaintiff has made reasonable attempts to secure counsel on her own, and if so, "whether the difficulty of the case factually and legally exceeds the particular plaintiff's capacity as a layperson to coherently present it." Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013). After considering these factors, the Court concludes that appointed counsel is not warranted at this time. Plaintiff has not contacted any attorneys. Additionally, she is a college graduate, while she reports that her ability to speak, write, and/or read English is limited because English is not her primary language, she filed a comprehensible complaint detailing her allegations. Plaintiff has the ability to manage the case on her own at this early stage. There are also numerous resources for pro se litigants on the Court's website. If at some point in the future, after making reasonable attempts to secure counsel, Plaintiff believes she cannot effectively litigate the case, she can renew her motion. Lastly, Plaintiff's complaint indicates that the EEOC Notice of Right to Sue is attached to the complaint, but it is not. Plaintiff is directed to file the EEOC Notice of Right to Sue by or before August 1, 2023. 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. (ph, ) |
| Filing 5 MOTION by Plaintiff Jocelyn R. Lorenzo for attorney representation. (ph, ) |
| Filing 4 APPLICATION by Plaintiff Jocelyn R. Lorenzo for leave to proceed in forma pauperis. (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jocelyn R. Lorenzo. (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by Jocelyn R. Lorenzo. (ph, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (ph, ) |
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