Harris v. Grayhound Lines, Inc.
| Johana P. Harris |
| Grayhound Lines, Inc. |
| 1:2024cv00743 |
| January 26, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 COMPLAINT filed by Johana P. Harris. (Exhibits).(gcy, ) |
Filing 7
ORDER: Plaintiff's application for leave to proceed in forma pauperis #4 is granted. The plaintiff may proceed without prepayment of the filing fee. The United States Marshals Service is appointed to serve defendant. The Clerk shall issue summonses for service of the complaint by the U.S. Marshal on the defendant. The Clerk is directed to mail Plaintiff one blank USM-285 form. The U.S. Marshal will not attempt service on defendant unless and until the required form is received from Plaintiff. Plaintiff must therefore complete and return the form to the U.S. Marshal within thirty days of the date of this order. The U.S. Marshal is directed to make all reasonable efforts to serve defendant and may obtain waiver in lieu of service if possible. The plaintiff's motion for attorney representation #5 is denied. 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 "may request an attorney to represent any person unable to afford counsel." 28 U.S.C. 1915 (e)(1). In deciding whether to do so, the Court inquires whether the plaintiff (1) has "made a reasonable attempt to obtain counsel or been effectively precluded from doing so," and (2), in consideration of the difficulty of the case, "appear[s] competent to litigate" on their own. Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007). There are numerous firms and solo practitioners who are capable of representing litigants in employment and disability lawsuits on a contingency fee basis. The plaintiff's motion does not identify any whom she contacted and who declined to represent her. Further, the plaintiff's education level is some college, and her claim is relatively narrow in scope and straightforward, so the Court is not persuaded that the plaintiff is incapable of prosecuting this case without recruiting a volunteer attorney, whose time is a scarce and valuable resource. The Court may, however, revisit this ruling after reviewing and deciding on the motion to dismiss, should the plaintiff's claim survive. Signed by the Honorable John J. Tharp, Jr on 1/30/2024. Mailed notice(gcy, )
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| SUMMONS Issued, certified copy of Order dated 1/30/24 with Complaint as to Defendant Grayhound Lines, Inc. to U.S. Marshal for Service via email. (gcy, ) |
| MAILED copy of Order dated 1/30/24 with USM-285 Form to Johana O, Harris. (gcy, ) |
| 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. (smb, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (smb, ) |
| Filing 5 MOTION by Plaintiff Johana P. Harris for attorney representation (smb, ) |
| Filing 4 APPLICATION by Plaintiff Johana P. Harris for leave to proceed in forma pauperis (smb, ) |
| Filing 3 PRO SE Appearance by Plaintiff Johana P. Harris (smb, ) |
| Filing 2 CIVIL Cover Sheet (smb, ) |
| Filing 1 RECEIVED Complaint and 1 copies by Johana P. Harris (Exhibits) (smb, ) |
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| Plaintiff: Johana P. Harris | |
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| Defendant: Grayhound Lines, Inc. | |
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