Smith-Johnson v. USA
| Derron W. Smith-Johnson |
| USA |
| 3:2023cv03914 |
| December 12, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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Filing 5
ORDER DENYING #2 Motion for Recruitment of Counsel (without prejudice). There is no constitutional or statutory right to appointment of counsel in a civil case, although the Court may in its discretion appoint counsel to represent indigent civil litigants. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007); see also Rauter v. United States, 871 F.2d 693, 695 (7th Cir. 1989). 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. See Pruitt, 503 F.3d at 654-55. Smith-Johnson provides no indication that he has made a reasonable attempt to obtain counsel, nor has he shown that he was effectively precluded from making such an effort. He has also not made any argument indicating that he is incompetent to litigate the matter himself. Therefore, because Smith-Johnson only argues that counsel should be appointed because his previous attorney was allegedly ineffective, the Court declines to appoint counsel at this time. Smith-Johnson may refile a similar motion should circumstances change or if counsel becomes necessary later. Signed by Chief Judge Nancy J. Rosenstengel on 1/18/2024. (lrs)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
ORDER: Petitioner Derron Smith-Johnson brings this action to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. 2255. The 2255 petition survives preliminary review under Rule 4. The USA is DIRECTED to respond by Thursday, February 22, 2024. Smith Johnson may file a reply brief (no longer than 5 pages) on or before March 7, 2024. If review of the briefs indicates that an evidentiary hearing is warranted, the Court will immediately set the hearing by separate notice. Signed by Chief Judge Nancy J. Rosenstengel on 1/18/2024. (lrs)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 NOTICE of Appearance by Alexandria M. Burns on behalf of USA (Burns, Alexandria) |
| Filing 2 MOTION for Recruitment of Counsel by Derron W. Smith-Johnson. (clw) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Derron W. Smith-Johnson. (Attachments: #1 Letter to U.S. Attorney)(clw) |
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| Petitioner: Derron W. Smith-Johnson | |
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| Respondent: USA | |
| Represented By: | Adam E. Hanna |
| Represented By: | Alexandria M. Burns |
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