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- ilcd;;1:17-cv-01346_de27 RegisterActionDate "2018-08-29" @default.
- ilcd;;1:17-cv-01346_de27 RegisterActionDescriptionText "TEXT ORDER: DENYING 19 Petitioner's Motion to Place Proceedings in Abeyance. The Petitioner asks this Court to stay these proceedings pending an appointment of counsel to him by the Court. He asserts that he has been unable to obtain case materials he needs, "but still ha[s] several avenues for obtaining such that [he] is pursuing." (D. 19 at pg. 2). His 20 page Petition 1 and his 42 page Reply 15 are filed and contain ample citations to case law. The Court will rule on his Petition in due course. In the event that the Petitioner thinks the Court should consider additional legal arguments before ruling on his Petition, he should seek leave to supplement his pleadings. Additionally, although Petitioner has no absolute right to counsel in a civil proceeding, See Merritt v. Faulkner, 697 F.2d 761, 763 (7th Cir. 1983), he asks the Court to exercise its discretion to appoint counsel for him. After considering the factors set forth in Merritt, the Court concludes that appointment of counsel is not warranted in this action at this time. The Petitioner has failed to adequately demonstrate that he made a reasonable attempt to retain private counsel or that he has any physical or mental disability which might preclude him from adequately investigating the facts giving rise to his Petition, as required. See Merritt, 697 F.2d at 765. The Court will need statements from the Petitioner addressing all of the factors in Merritt noted above, as well as documentation, before appointing counsel for him. Accordingly, Petitioner's Motion to Place Proceedings in Abeyance and simultaneous Motion for Appointment of Counsel is, respectfully, DENIED. Entered by Chief Judge James E. Shadid on 8/29/2018. (RT, ilcd) (Entered: 08/29/2018)" @default.
- ilcd;;1:17-cv-01346_de27 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01346_de27 OntologyLabel order @default.
- ilcd;;1:17-cv-01346_de27 hasReferenceToOtherEntry ilcd;;1:17-cv-01346_de0 @default.
- ilcd;;1:17-cv-01346_de27 hasReferenceToOtherEntry ilcd;;1:17-cv-01346_de21 @default.
- ilcd;;1:17-cv-01346_de27 hasReferenceToOtherEntry ilcd;;1:17-cv-01346_de25 @default.