Bartels v. St. Charles North High School District 303
| Robert J. Bartels |
| St. Charles North High School District 303 |
| 1:2024cv04586 |
| June 3, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on July 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 MINUTE entry before the Honorable Jeremy C. Daniel: The Court previously denied the plaintiff's application to proceed in forma pauperis and required the plaintiff to pay the filing fee on or before July 19, 2024. The Court admonished the plaintiff that failure to do so would result in dismissal. The plaintiff has failed to pay the filing fee. Accordingly, the plaintiff's claims are dismissed without prejudice. Civil case terminated. Mailed notice (vcf, ) |
| Filing 6 MOTION by Plaintiff Robert J. Bartels Voluntary Dismissal without prejudice. (Received via pro se email on 7/18/24). (jj, ) |
| Filing 5 MINUTE entry before the Honorable Jeremy C. Daniel: The clerk is directed to seal pages 5-9 of docket entry #3 because they contain the plaintiff's personally identifiable information. The Court cautions the plaintiff against filing sensitive information publicly. The plaintiff's application for leave to proceed in forma pauperis #3 is denied because the plaintiff is not indigent. The plaintiff reports that he has not worked since August 1, 2023, and that he receives monthly SSDI payments of $1,654. Those payments total $19,740 annually. The plaintiff did not report any dependents in his application. The plaintiff's annual income exceeds the 2024 federal poverty level guidelines for an individual; though not by much. However, the plaintiff also reports approximately $30,000 in home equity, which precludes a finding of indigence. The Court understands that the plaintiff's monthly SSDI payments barely cover his mortgage payments now that the plaintiff is not working, but it is difficult to declare someone indigent when they have assets. The plaintiff's motion for the appointment of counsel #4 is also denied without prejudice. "Litigants in federal civil cases do not have a constitutional or statutory right to court-appointed counsel. An indigent litigant, however, may ask the court to recruit a volunteer attorney to provide pro bono representation. Two questions guide a court's discretionary decision whether to recruit counsel: (1) 'has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so,' and (2) 'given the difficulty of the case, does the plaintiff appear competent to litigate it himself?'" Walker v. Price, 900 F.3d 933, 938 (7th Cir. 2018) (citations omitted). The plaintiff's application discloses no attempts to obtain counsel. The plaintiff notes that he cannot afford an attorney, but there are contingent-fee arrangements and pro bono legal services that may provide representation. The Court is not in a position at this early stage of the case to assess whether the plaintiff is competent to litigate this case himself. To proceed with this lawsuit, the plaintiff must pay the necessary filing fees on or before July 19, 2024. Failure to do so may result in dismissal without prejudice. Mailed notice (vcf, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Robert J. Bartels. (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, ) |
| Filing 4 MOTION by Plaintiff Robert J. Bartels for attorney representation. (Received by mail in the Clerk's Office on 06/03/24) (aee, ) |
| Filing 3 APPLICATION by Plaintiff Robert J. Bartels for leave to proceed in forma pauperis (Exhibits). (Received by mail in the Clerk's Office on 06/03/24) (aee, ) |
| Filing 2 CIVIL Cover Sheet. (Received by mail in the Clerk's Office on 06/03/24) (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Robert J. Bartels (Envelope postmarked 05/29/24) (Received by mail in the Clerk's Office on 06/03/24) (aee, ) |
| CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (aee, ) |
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| Defendant: St. Charles North High School District 303 | |
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