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- ilcd;;1:16-cv-01190_de135 RegisterActionDate "2018-04-16" @default.
- ilcd;;1:16-cv-01190_de135 RegisterActionDescriptionText "TEXT ORDER entered by Judge Harold A. Baker on 4/16/2018. Plaintiff filed a motion for settlement conference 106 and a motion for settlement conference and response to defendant's motion to move trial date 109 . Defendant has indicated he is not interested in a settlement conference at this time. See Response 110 . Plaintiff's motions 106 and 109 are DENIED. Defendant's motion to move trial date 108 due to a scheduled family vacation is GRANTED. The trial date is RESET from June 5, 2018, to June 26, 2018 at 9:30 a.m. The final pretrial remains set for May 21, 2018, at 1:30 p.m. The clerk is directed to issue a writ for Plaintiff's personal appearance at the jury trial. Plaintiff's motion to request counsel 105 is also DENIED. The court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the court can do is to ask for volunteer counsel. Id. at 654. In determining whether the court should attempt to find an attorney to voluntarily take a case, "the question is whether the difficulty of the case- factually and legally-exceeds the particular plaintiff's capacity as a layperson to coherently present it to the judge or jury himself.... The question is whether the plaintiff appears competent to litigate his own claims, given their degree of difficulty, and this includes the tasks that normally attend litigation: evidence gathering, preparing and responding to motions and other court filings, and trial." Id. at 655 (emphasis in original). As the Seventh Circuit has acknowledged, "[a]lmost everyone would benefit from having a lawyer, but there are too many indigent litigants and too few lawyers willing and able to volunteer for these cases." Dewitt v. Corizon, Inc., 760 F.3d 654, 657 (7th Cir. 2014). In the present case, plaintiff appears competent to litigate this case himself. He has a Bachelor of Science in Psychology and a Bachelor of Arts in Psychology, and he has filed cogent pleadings with the court. Although plaintiff suffers from a mental illness, he was able to answer questions at his deposition coherently and completely. Furthermore, plaintiff's claim is not so novel or complex that he cannot litigate it himself. Plaintiff has personal knowledge of the facts supporting his claim and appears capable of cross- examining defendant regarding his version of the events. Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). Plaintiff has offered no reason why he cannot litigate this case or why his case differs from any other of the plethora of prisoner pro se plaintiffs who ask for the appointment of counsel in almost every case filed. Dewitt, 760 F.3d at 65758. Therefore, the court denies plaintiff's motion to appoint counsel. (KE, ilcd) (Entered: 04/16/2018)" @default.
- ilcd;;1:16-cv-01190_de135 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01190_de135 hasJudgeReference SJ001500 @default.
- ilcd;;1:16-cv-01190_de135 hasReferenceToOtherEntry ilcd;;1:16-cv-01190_de129 @default.
- ilcd;;1:16-cv-01190_de135 hasReferenceToOtherEntry ilcd;;1:16-cv-01190_de130 @default.
- ilcd;;1:16-cv-01190_de135 hasReferenceToOtherEntry ilcd;;1:16-cv-01190_de132 @default.
- ilcd;;1:16-cv-01190_de135 hasReferenceToOtherEntry ilcd;;1:16-cv-01190_de133 @default.
- ilcd;;1:16-cv-01190_de135 hasReferenceToOtherEntry ilcd;;1:16-cv-01190_de134 @default.