Boulb v. Welby et al
| Brian K Boulb |
| Steve Welby and Robert J. Palmer |
| 3:2021cv01435 |
| November 17, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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Filing 10
ORDER denying #5 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); Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir. 1995). When presented with a request to appoint counsel, the Court must make the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself. Pruitt, 503 F.3d at 654-55. Here, Plaintiff's motion is insufficient as he did not describe what he did to try to get an attorney. The motion merely states: "I am not competent in the law and not able to file pleadings and ask the Court appoint me counsel to sort out all the issues." Thus, Plaintiff has not met his threshold burden in attempting to recruit counsel on his own. Accordingly, Plaintiff's Motion is DENIED at this time. Signed by Judge Stephen P. McGlynn on 1/4/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
ORDER Directing Monthly Payments be made from Prison Account of Boulb, granting #6 MOTION for Leave to Proceed in forma pauperis filed by Brian K Boulb. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Leavenworth U.S. Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Leavenworth U.S. Penitentiary. Signed by Judge Stephen P. McGlynn on 1/4/2022. (tjk)
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| Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (lmb) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Brian K Boulb. (lmb) |
| Filing 5 MOTION to Appoint Counsel (with Statement of Facts) by Brian K Boulb. (lmb) |
| Filing 4 Letter to Brian K. Boulb regarding no fee being received. Blank Motion to Proceed IFP sent. (lmb) |
| Filing 3 NOTICE FROM CLERK Instructing Brian K. Boulb to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Brian K. Boulb on 11/18/2021. Consent due by 12/9/2021 (lmb) |
| Filing 2 COMPLAINT against Robert J. Palmer, Steve Welby, filed by Brian K Boulb.(lmb) |
| Filing 1 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 21-1435-SPM. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (lmb) |
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