Weaver v. Wagner et al
| Phillip Weaver |
| Lydia Wagner, Alfredo V., C. Pferschy and Kathy Foltz |
| 3:2024cv50026 |
| January 19, 2024 |
| US District Court for the Northern District of Illinois |
| Philip G Reinhard |
| Margaret J Schneider |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 ENTERED JUDGMENT on 2/22/2024. Mailed notice. (rsj) |
| Filing 11 MINUTE entry before the Honorable Philip G. Reinhard: On January 23, 2024, the court entered an order #7 giving plaintiff 28 days to file an amended complaint alleging a claim within this court's subject matter jurisdiction and advising plaintiff this case would be dismissed for lack of subject matter jurisdiction if an amended complaint was not filed. No amended complaint has been filed. This case is dismissed for lack of subject matter jurisdiction. Mailed notice. (rsj) |
| MAILED copy of Order dated 2/22/2024 to Phillip Weaver. (rsj) |
| Filing 10 MINUTE entry before the Honorable Margaret J. Schneider: Plaintiff's motion for attorney representation #8 is denied without prejudice. There is no right to court-appointed counsel in federal civil cases, but the Court may recruit a lawyer to represent a litigant on a pro bono basis. Watts v. Kidman, 42 F.4th 755, 760 (7th Cir. 2022). In deciding whether to recruit counsel, the Court must determine whether (1) the plaintiff has made a reasonable attempt to retain counsel on his own or has been effectively precluded from doing so; and if so, (2) given the difficulty of the case, the plaintiff appears competent to litigate it himself. Id. (citing Pruitt v. Mote, 503 F.3d 647, 65455 (7th Cir. 2007)). Because recruited counsel is a limited resource, the Court may also consider the importance and likely merits of the party's claims. Id. at 763. The Court observes that while Plaintiff has demonstrated some effort to obtain counsel on his own, the attorneys he has contacted indicated a "conflict of interest." The Court is confident there are numerous attorneys in Plaintiff's community that would not assert a conflict of interest. Additionally, the District Court has given Plaintiff 28 days to file an amended complaint that properly alleges federal question jurisdiction. See #7 , At this stage of the litigation, the Court does not find that recruited counsel resources are best spent on this matter. Plaintiff may renew his motion for counsel should the case proceed on the merits. Mailed notice. (jxk) |
Filing 7
ORDER: Plaintiff is granted 28 days to file an amended complaint properly alleging a federal statute or Constitutional provision that provides a basis for federal question jurisdiction or this case will be dismissed for lack of subject matter jurisdiction. [See STATEMENT] Signed by the Honorable Philip G. Reinhard on 1/23/2024. Mailed notice by Judicial Staff.(rsj)
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| MAILED copy of Order dated 1/23/2024 to Phillip Weaver. (rsj) |
| Filing 8 MOTION by Plaintiff Phillip Weaver for attorney representation (pg, ) |
| Filing 6 COMPLAINT filed by Phillip Weaver. (jxk) |
| Filing 5 MINUTE entry before the Honorable Margaret J. Schneider: Plaintiff's application to proceed without prepaying filing fees #3 is granted. Mailed notice. (jxk) |
| Filing 4 PRO SE Appearance by Plaintiff Phillip Weaver. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Phillip Weaver for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Phillip Weaver; Jury Demand. (Attachments: #1 Summons) (jp, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, ) |
| 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. (jp, ) |
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