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- ilcd;;1:16-cv-01016_de33 RegisterActionDate "2016-05-17" @default.
- ilcd;;1:16-cv-01016_de33 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 5/17/2016. Plaintiff files 28 , a Motion for Leave to File an Amended Complaint. The proposed Amended Complaint seeks merely to add additional information as to Plaintiff's claims of sexual assault, failure to protect and deliberate indifference to his serious medical needs. The only new allegation is a due process claim based on Defendants' failure to collect evidence of the sexual assault. Plaintiff, however, only alleges that his genitals were touched and squeezed so it is unclear as to what evidence could have been collected. Furthermore, Plaintiff does not have a substantive due process interest in the collection of evidence. See District Attorney's Office for Third Judicial Dist. v. Osborne, 557 U.S. 52, 73-74 (U.S., 2009) (no constitutional due process right to preservation of forensic evidence for later testing). 28 is DENIED. Plaintiff files 29 , a motion for appointment of pro bono counsel. In considering Plaintiffs Motion, the Court asks: (1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007), citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir. 1993). Plaintiff has provided a letter from prospective counsel, James Fennerty. Mr. Fennerty expressed interest in evaluating plaintiff's case and asked the Plaintiff to forward his medical and mental health records. [29-1 page 7]. Plaintiff does not indicate whether he followed-up and, therefore, fails to demonstrate that he made a reasonable attempt to obtain counsel on his own. 29 is DENIED. In the event Plaintiff renews his motion for appointment of counsel, he should attach any additional correspondence he sent to or received from Mr. Fennerty. (JMB, ilcd) (Entered: 05/17/2016)" @default.
- ilcd;;1:16-cv-01016_de33 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01016_de33 hasReferenceToOtherEntry ilcd;;1:16-cv-01016_de31 @default.
- ilcd;;1:16-cv-01016_de33 hasReferenceToOtherEntry ilcd;;1:16-cv-01016_de32 @default.