Presti v. U.S. Dept. of Homeland Security et al
| Vincenza Presti |
| U.S. Dept. of Homeland Security, Alejandro Mayorkas, Mik Dedvukaj, Kevin J. Riddle, Paul Phillips, Marilyn Berdussis and Brian Tokiyama |
| 1:2023cv15160 |
| October 18, 2023 |
| US District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 12 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for attorney representation #5 is denied. As a threshold matter, for the reasons explained in the Court's order denying the plaintiff's motion to proceed without paying the filing fee, the plaintiff is not indigent. Even if she were, the plaintiff has not contacted a sufficient number of attorneys concerning her case. When deciding whether to recruit counsel, courts must consider whether (1) 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 themself? Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007). The plaintiff in this case contacted two law firms, which declined to take her case. That does not qualify as a sufficient effort to obtain counsel. Should she refile her motion for attorney representation based on changed financial circumstances, the plaintiff should also have contacted other attorneys about representation in this case before refiling her motion. Moreover, recruited counsel is not necessary for plaintiff to pay the filing fee, serve defendant, and get the case started. Given that the plaintiff has had "some college" and has not identified any language difficulties or other impediments, it appears the plaintiff can manage these first steps. Mailed notice (vcf, ) |
| Filing 11 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's application to proceed in forma pauperis #4 is denied. In order to file and proceed 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. The plaintiff reports "pensions, annuities, or life insurance" payments of $70,000 (the application contains $70,.000, which the Court construes as $70,000 given the placement of the punctuation so that three zeroes follow it) over the last twelve months, which exceeds the HHS poverty guidelines. Accordingly, the plaintiff must pay the filing fee on or before January 26, 2024. Mailed notice (vcf, ) |
| Filing 10 EXHIBITS by Vincenza Presti. (daj, ) |
| Filing 8 RECEIVED Amended Complaint and no copies by Vincenza Presti. (aee, ) |
| Filing 7 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings pursuant to 28:294(b). Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 10/25/23. (rp, ) |
| 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, ) |
| Filing 5 MOTION by Plaintiff Vincenza Presti for attorney representation. (aee, ) |
| Filing 4 APPLICATION by Plaintiff Vincenza Presti for leave to proceed in forma pauperis. (aee, ) Modified on 10/24/2023 (aee, ). |
| Filing 3 PRO SE Appearance by Plaintiff Vincenza Presti. (aee, ) |
| Filing 2 CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and one copies by Vincenza Presti (Exhibits). (aee, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1). (aee, ) |
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