Westbrooks v. Will County Adult Detention Facility et al
| Jemuel M. Westbrooks |
| Will County Adult Detention Facility, K. Brasky, D. Santerelli, Perillo, Adams, Eartly, Svehla, Mata, ERT Members, Strohm, Danhour, Deane, Cherry and Perez |
| 1:2023cv05466 |
| August 14, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| Filing 9 COMPLAINT filed by Jemuel M. Westbrooks; Jury Demand. (Attachment)(kl, ) |
| Filing 7 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff Westbrooks's motion to proceed in forma pauperis (IFP) #3 and motion for attorney representation #4 are denied without prejudice. To proceed IFP, a plaintiff must "fully disclose [his] financial condition, and [he] must do so truthfully under penalty of perjury." Effinger v. Monterrey Sec. Consultants, 546 F. Supp. 3d 715, 717 (N.D. Ill. 2021). Westbrooks indicates that over the course of the last 12 months he has received a total income of $100, plus $280.00 per month in food stamps; yet he also states that he supports his daughter with $250.00 per month. There is no explanation for how Plaintiff is able to subsist (for instance, paying for shelter and utilities) and support a dependent on this income, which calls the form's accuracy and completeness into question. In addition, on Question No. 6 Plaintiff does not state the amount of debt owed. Therefore, if Westbrooks wishes to proceed IFP he should submit another IFP application that lists the amounts owed on his debts, and lists all sources of income for the last 12 months or explains how he has been able to provide for the necessities of life and support a dependent without an income. In addition, as to the motion for attorney representation #4 , in deciding whether to recruit counsel the Court must ask: "(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?" Pruitt v. Mote, 503 F.3d 647, 65455 (7th Cir. 2007) (en banc). Here, Plaintiff has not demonstrated a reasonable attempt to obtain counsel. Where the motion states, "I declare that I have contacted the following attorneys/organizations seeking representation," Westbrooks has left the form blank. The motion #4 is therefore denied without prejudice. If Westbrooks renews his motion for attorney representation, he should include information about which attorneys or organizations he has contacted, when he contacted them, and why he has been unable to find an attorney. Finally, the Court defers screening the Complaint pursuant to 28 U.S.C. 1915(e)(2) until Plaintiff's fee status is resolved. Thus, by 9/14/23, Plaintiff shall either file a complete and accurate IFP application or pay the filing fee. Plaintiff should use the non-prisoner IFP form, which asks for employment history and is available on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_online/IFP_nonPrisoner.pdf. If Plaintiff fails to file a new IFP application or pay the filing fee by 9/14/23, this case may be dismissed for lack of prosecution. (ca, ) |
| MAILED order #7 to Jemuel Westbrooks. (kl, ) |
| Filing 4 MOTION by Plaintiff Jemuel M. Westbrooks for attorney representation (kl, ) |
| Filing 3 APPLICATION by Plaintiff Jemuel M. Westbrooks for leave to proceed in forma pauperis (kl, ) |
| Filing 2 CIVIL Cover Sheet (kl, ) |
| Filing 1 RECEIVED Complaint and no copies by Jemuel M. Westbrooks (Attachment) (kl, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (kl, ) |
| 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. (kl, ) |
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