Canan, Michael v. Corbin et al
| Michael S. Canan |
| C.O. Corbin and Stanley Correctional Institution |
| 3:2024cv00247 |
| April 16, 2024 |
| US District Court for the Western District of Wisconsin |
| Anita M Boor |
| Stephen L Crocker |
| James D Peterson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 10 Supplement to #8 Motion for Assistance in Recruiting Counsel. (Attachments: #1 Copies of Letters to Potential Attorneys, #2 Envelope) (jls),(ps) |
Filing 9
** TEXT ONLY ORDER ** On June 4, 2024, the court dismissed plaintiff's complaint with prejudice for failure to state a claim upon which relief may be granted. Dkt. #6 . A week later, the clerk docketed plaintiff's motion to appoint counsel, which he dated June 4, 2024. Dkt. #8 . Under the prison mailbox rule, the court will deem the motion filed on June 4 and consider it on the merits. A party requesting assistance in recruiting counsel must show three things: (1) he cannot afford to hire a lawyer, 28 U.S.C. 1915(e)(1); (2) he's made reasonable efforts on his own to find a lawyer, Jackson v. Cty. of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992); and (3) the legal and factual difficulty of the case exceeds his ability to prosecute it, Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007) (en banc). In deciding whether to assist a party in recruiting counsel, the court also considers "the perceived merits of--or likelihood of success on--an indigent plaintiff's claims." Watts v. Kidman, 42 F.4th 755, 764 (7th Cir. 2022). Plaintiff has met the first requirement because the court granted his motion to proceed without prepaying the filing fee. Dkt. #4 . The second and third requirements are at issue.Plaintiff hasn't met the second requirement because he hasn't described any efforts to obtain counsel on his own. Dkt. #8 . Plaintiff hasn't met the third requirement because his bare allegation that he's under mental health treatment isn't enough to show that he cannot handle this case without counsel. Id. Furthermore, the court dismissed plaintiff's complaint with prejudice, Dkt. #6 , and the record doesn't reflect that the appointment of counsel would have changed that result. So, even if plaintiff had met the second and third requirements, appointment of counsel wouldn't be warranted. See Watts, 42 F.4th at 764, 766. Plaintiff's motion, Dkt. #8 , is DENIED. Signed by Magistrate Judge Anita M. Boor on 06/12/2024. (acd),(ps)
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| Filing 8 Motion for Assistance in Recruiting Counsel by Plaintiff Michael S. Canan. (Attachments: #1 Envelope) (jls),(ps) |
| Filing 7 JUDGMENT entered in favor of Defendants Corbin and Stanley Correctional Institution dismissing the case. (jls),(ps) |
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Filing 6
ORDER dismissing #1 Complaint. Signed by District Judge James D. Peterson on 6/4/2024. (jls),(ps)
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| Judge update in case. Case now assigned to Magistrate Judge Anita M. Boor. Case no longer assigned to Magistrate Judge Stephen L. Crocker. (sdl),(ps) |
| Filing 5 Warden PLRA Letter. (lam),(ps) |
| Partial Filing fee received: $1.82, receipt number 2724. (lam),(ps) |
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Filing 4
ORDER on ifp request: Initial partial filing fee of $ 1.82 assessed. Initial partial filing fee due 5/14/2024. Signed by Magistrate Judge Andrew R. Wiseman on 4/16/2024. (jef),(ps)
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| Filing 3 Prisoner Trust Fund Account Statement by Plaintiff Michael S. Canan. (jef),(ps) (Additional attachment(s) added on 4/16/2024: #1 IPP Calculation) (jef). |
| Filing 2 Motion for Leave to Proceed in forma pauperis by Plaintiff Michael S. Canan. (jef),(ps) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael S. Canan. (Attachments: #1 Envelope) (jef),(ps) |
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