Nelson v. Alexander County Housing Authority et al
| Shameka Nelson |
| Alexander County Housing Authority, Martha Franklin, Housing and Urban Development, James Wilson, Thomas Upchurch, Ben Carson and Joanne Pink |
| 3:2019cv01253 |
| November 14, 2019 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Gilbert C Sison |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 9 Summonses Issued as to Alexander County Housing Authority, James Wilson, Thomas Upchurch, Joanne Pink, Martha Franklin, Housing and Urban Development, and Ben Carson. Original summonses returned to plaintiff in Benton Clerk's Office. (kek) |
Filing 8
ORDER: Pursuant to Administrative Order 257, effective immediately, this case will no longer be referred to a Magistrate Judge for pretrial proceedings. Should the parties elect to consent to have the Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge. A link regarding the magistrate judges in this district is included for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Magistrate Judge Gilbert C. Sison no longer assigned to case. All future documents must bear case number 19-1253-JPG. Signed by Judge J. Phil Gilbert on 11/22/19. (kdw)
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| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kek) |
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Filing 6
MEMORANDUM AND ORDER, granting #3 MOTION for Leave to Proceed in forma pauperis filed by Shameka Nelson. Signed by Judge J. Phil Gilbert on 11/22/2019. (jdh)
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Filing 5
ORDER denying at this time #4 Motion for Recruitment of Counsel. Civil litigants do not have a constitutional or statutory right to counsel. See Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007); Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir. 1995). Under 28 U.S.C. 1915(e)(1), however, the court has discretion to recruit counsel to represent indigents in appropriate cases. See Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). In evaluating whether counsel should be recruited, courts must examine (what are known as) the Pruitt factors and apply them to the specific circumstances of this case. See Santiago v. Walls, 599 F.3d 749, 760 (7th Cir. 2010). The court must ask: "(1) has 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 himself?" Id. at 761 (quoting Pruitt, 503 F.3d at 654). The first prong of the analysis is a threshold question. If a plaintiff has not made an attempt to obtain counsel on his own, the court should deny the request. See Pruitt, 503 F.3d at 655.Here, Plaintiff has not met the threshold burden of showing that she made a reasonable attempt to obtain counsel on her own. In fact, her motion is silent as to this issue. Thus, the Court DENIES at this time the motion for appointment of counsel. Signed by Magistrate Judge Gilbert C. Sison on 11/20/2019. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Recruitment of Counsel by Shameka Nelson. (kek) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Shameka Nelson. (kek) |
| Filing 2 COMPLAINT against All Defendants, filed by Shameka Nelson.(kek) |
| Filing 1 Notice of Judge Assignment. Judge J. Phil Gilbert and Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 19-1253-JPG-GCS. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (Attachments: #1 Consent Brochure)(kek) |
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