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- ilcd;;1:16-cv-01083_de26 RegisterActionDate "2016-06-28" @default.
- ilcd;;1:16-cv-01083_de26 RegisterActionDescriptionText "TEXT ORDER: Entered by Judge Sara Darrow on 6/28/2016. Plaintiff files Motion to Request Counsel 21 . The Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff's 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 shown that he made a reasonable attempt to secure counsel on his own. Plaintiff, however, has personal knowledge of the facts, has demonstrated an ability to adequately convey those facts to the Court, and his claims are not overly complex at this point. Therefore, the Court finds that Plaintiff is capable of representing himself at this time. Plaintiff's Motion 21 is DENIED with leave to renew. Plaintiff's Motion to Strike Affirmative Defense 22 is DENIED. Rule 8 of the Federal Rules of Civil Procedure requires a defendant to plead any affirmative defense in his answer to the complaint. See Fed. R. Civ. P. 8(c)(1). Defendant has merely placed Plaintiff on notice that such a defense may be asserted in a dispositive motion, at trial, or otherwise, so that Plaintiff can properly prepare his case. Accordingly, the Court sees no basis upon which to strike the Defendant's affirmative defense alleged in the Answer. (LN, ilcd) (Entered: 06/28/2016)" @default.
- ilcd;;1:16-cv-01083_de26 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01083_de26 hasJudgeReference SJ001510 @default.
- ilcd;;1:16-cv-01083_de26 hasReferenceToOtherEntry ilcd;;1:16-cv-01083_de23 @default.
- ilcd;;1:16-cv-01083_de26 hasReferenceToOtherEntry ilcd;;1:16-cv-01083_de24 @default.