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- ilnd;;1:17-cv-08813_de6 RegisterActionDate "2017-12-12" @default.
- ilnd;;1:17-cv-08813_de6 RegisterActionDescriptionText "ORDER: Plaintiff initiated this lawsuit by submitting a pro se complaint and an application for leave to proceed in forma pauperis. The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $400 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. § 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff's financial affidavit demonstrates that she cannot pay the filing fee. Additionally, upon initial review, the Court cannot say that Plaintiff's claim is frivolous. Accordingly, Plaintiff's application for leave to proceed in forma pauperis is granted, and the Clerk is directed to file the complaint on the docket and issue summons for service of the complaint on Defendant Sephora USA. The Clerk of Court is directed to mail Plaintiff one blank USM-285 (U.S. Marshals service) form. The Court advises Plaintiff that a completed USM-285 form is required for each named Defendant. The U.S. Marshal will not attempt service on a Defendant unless and until the required form is received. Plaintiff must therefore complete and return a service form for each Defendant, to the extent she has not already done so, and failure to do so may result in the dismissal of the unserved Defendant, as well as dismissal of this case in its entirety for lack of prosecution. Plaintiff's motion for attorney representation 5 is denied without prejudice. "There is no right to court-appointed counsel in federal civil litigation," Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014), but the Court has discretion to request that an attorney represent an indigent litigant on a volunteer basis under 28 U.S.C. § 1915(e)(1)." Boston v. Dart, No. 14 C 4716, 2014 WL 5032337, at *3 (N.D. Ill. Oct. 7, 2014). "In making the decision whether to recruit counsel, the Court must engage in a two-step analysis: (1) has the plaintiff made a reasonable attempt to obtain counsel on his own behalf or been effectively precluded from doing so; and, if so, (2) given the factual and legal complexity of the case, does this particular plaintiff appear competent to litigate the matter himself." Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc). "This analysis does not focus solely on the plaintiff's ability to try the case, but on his ability to gather evidence and prepare and respond to motions." Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013). Here, Plaintiff has not listed any attempts to secure counsel on her own, and she has demonstrated her ability to file pleadings before the Court. Signed by the Honorable John Robert Blakey on 12/12/2017. Mailed notice. (jjr, ) (Entered: 12/12/2017)" @default.
- ilnd;;1:17-cv-08813_de6 AdministrativeID "8" @default.
- ilnd;;1:17-cv-08813_de6 OntologyLabel order @default.
- ilnd;;1:17-cv-08813_de6 hasIfpJudgeAttribution SJ000707 @default.
- ilnd;;1:17-cv-08813_de6 hasIfpLabel IFP_GRANT @default.
- ilnd;;1:17-cv-08813_de6 hasIfpLabel IFP_OTHER @default.
- ilnd;;1:17-cv-08813_de6 hasReferenceToOtherEntry ilnd;;1:17-cv-08813_de4 @default.