Hammack v. Werlich
| Randall A. Hammack |
| T.G. Werlich |
| 3:2019cv00956 |
| September 3, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 8
ORDER DENYING #7 Motion for Appointment of Counsel. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). Under 28 U.S.C. 1915(e)(1), the Court has discretion to recruit counsel to represent indigent litigants in appropriate cases. Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). When deciding whether to recruit counsel for an indigent litigant, the Court must consider (1) whether the indigent plaintiff has made reasonable attempts to secure counsel on his own, and, if so, (2) whether the difficulty of the case exceeds the plaintiff's capacity as a layperson to coherently present it. Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013) (citing Pruitt, 503 F.3d at 654). Plaintiff states he has recently written to numerous law firms in an attempt to retain counsel, but fails to provide any responses. The Court finds that, while responses to Plaintiff's requests are pending, the recruitment of counsel is premature. Moreover, given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel. Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013). Plaintiff may renew his request for the appointment of counsel at a later date. If Plaintiff does renew his request, he should give the Court rejection letters from at least three attorneys to prove that he has made reasonable efforts to obtain counsel on his own. Additionally, he should inform the Court of any impediments to his ability to litigate this matter pro se. For the reasons stated, the Motion for Appointment of Counsel (Doc. 7) is DENIED without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 10/1/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION for Appointment of Counsel by Randall A. Hammack. (jsm2) |
| Filing 6 NOTICE of Change of Address by Randall A. Hammack. (jsm2) |
| Filing 5 NOTICE of Change of Address by Randall A. Hammack. (jsm2) |
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Filing 4
ORDER GRANTING Petitioner's motion to proceed in forma pauperis (Doc. #2 ) based on the financial information provided with his motion. Signed by Chief Judge Nancy J. Rosenstengel on 9/10/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
NOTICE AND ORDER: The Court has received your Petition for Writ of Habeas Corpus and a motion to proceed without prepayment of the filing fee. Your case number is 19-cv-956-NJR. The following is important information concerning the initial stages of your lawsuit. After your filing fee status is determined the Court will your petition to determine whether it survives preliminary review under Rule 4 and Rule 1(b) of the Rules Governing Section 2254 Cases in United States District Courts. The Court will conduct this review within the next 60 days and inform you of the findings in an Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you do not receive a preliminary review Order within the next 60 days, you may file a motion requesting the status of your case. If you filed a motion for recruitment of counsel, it will not be considered until the Court has completed the preliminary review of your petition. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). In the event your petition survives the preliminary review, the Court will instruct the respondent to file a response to the petition and you will be notified of your deadline to file a reply. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Chief Judge Nancy J. Rosenstengel on 9/3/2019. (jsm2)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Randall A. Hammack. (jsm2) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Randall A. Hammack.(jsm2) |
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| Respondent: T.G. Werlich | |
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| Petitioner: Randall A. Hammack | |
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