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- ilcd;;1:16-cv-01376_de78 RegisterActionDate "2019-04-22" @default.
- ilcd;;1:16-cv-01376_de78 RegisterActionDescriptionText "TEXT ORDER entered by Judge James E. Shadid on 4/22/2019. The Plaintiff has filed a motion for leave to appeal in forma pauperis. 57 . Under 28 U.S.C. Sec 1915(a)(3), the district court is required to determine if the Plaintiff's appeal is taken in good faith. Good faith within the meaning of Sec 1915(a)(3) is not about the Plaintiff's sincerity in requesting appellate review. An appeal taken in "good faith" is an appeal that "a reasonable person could suppose... has some merit." Walker v. OBrien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff alleged Defendant 1F008F9 retaliated against him by placing Plaintiff in a cell with an inmate who suffered severe mental health issues and refusing to move Plaintiff for four months. Plaintiff based his claim on information received from Mental Health Worker Kelly Haag. However, Witness Haag was no longer employed by IDOC when Plaintiff filed his complaint. Plaintiff now appeals the denial of his motions to continue discovery and the denial of his motion for appointment of counsel. However, the record demonstrates Plaintiff was given ample opportunity to participate in discovery and Plaintiff did not identify any specific, additional information which was required. See May 15, 2018 Case Management Order. In addition, because Plaintiff was proceeding pro se, the Court required the Defendants to locate Witness Haag, provide her with a copy of Plaintiffs complaint, and obtain an affidavit regarding her memory of the incidents. See November 17, 2017 Minute Entry; January 2, 2018 Text Order; January 9. 2019 Text Order; January 24, 2018 Minute Entry; February 14, 2018 Minute Entry; April 23, 2018 Text Order. The appointment of counsel would not alter Ms. Haag's memory or events, nor would Plaintiff be able to demonstrate he had any direct contact with the Defendant. Accordingly, the Court denies Plaintiff's motion for leave to proceed in forma pauperis 57 and certifies, pursuant to 28 U.S.C. Sec 1915(a)(3), that the appeal is not in good faith. If the Plaintiff wishes to contest this Court's finding that the appeal is not taken in good faith, he must file a motion with the Court of Appeals seeking review of this Court's certification within 30 days after service of this order. See Fed.R.App.P. 24(a). The clerk is directed to submit a copy of this order to the United States Court of Appeals for the Seventh Circuit. (SAG, ilcd) (Entered: 04/22/2019)" @default.
- ilcd;;1:16-cv-01376_de78 AdministrativeID "62" @default.
- ilcd;;1:16-cv-01376_de78 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01376_de78 hasReferenceToOtherEntry ilcd;;1:16-cv-01376_de73 @default.