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- ilcd;;1:17-cv-01264_de48 RegisterActionDate "2018-08-03" @default.
- ilcd;;1:17-cv-01264_de48 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 8/3/2018. Plaintiff has filed a motion asking for appointment of counsel to represent him during the upcoming Pavey hearing. 34 . Plaintiff has previously demonstrated he made an attempt to find counsel on his own, so the issue is whether Plaintiff appears competent to represent himself. See February 20, 2018 Text Order; see also Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiff says he does not have access to a law library to prepare for the hearing, and he suffers from an unspecified mental illness. The Court notes the only issue before the Court in the Pavey hearing is whether or not Plaintiff exhausted his administrative remedies and any relevant legal issues were outlined in the July 23, 2018 Summary Judgment Order. Plaintiff has also failed to demonstrate he made any attempt to obtain legal materials at his institution. In addition, Plaintiff's response to the dispositive motion demonstrated he not only understood the legal issues, but he also can adequately explain the efforts he made to exhaust his administrative remedies. Furthermore, during a recent telephone conference call, Plaintiff demonstrated his understanding of the grievance process. Plaintiffs' motion is therefore denied. 34 . Plaintiff has previously indicated he plans to testify on his own behalf during the Pavey hearing and will not be calling any additional witness. Defendants state they will bring any witnesses to testify in person. Therefore, Plaintiff will have the opportunity during the Pavey hearing to fully explain what steps he took to exhaust and any roadblocks he faced. In addition, Plaintiff will be able to question any of Defendants witnesses. Plaintiff may also refer to any exhibits he previously provided to the Court. If either side had any additional exhibits which were not previously provided to the Court, those exhibits must be filed on or before August 10, 2018. Finally, the Clerk of the Court is directed to obtain Plaintiff's Trust Fund Ledgers from March of 2016 to June 9, 2017 for the Pavey hearing which will be held on August 14, 2018. The Clerk is also to provide a copy of this entry to the Trust Fund Office at Plaintiff's institution.(JS, ilcd) (Entered: 08/03/2018)" @default.
- ilcd;;1:17-cv-01264_de48 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01264_de48 hasJudgeReference SJ001502 @default.
- ilcd;;1:17-cv-01264_de48 hasReferenceToOtherEntry ilcd;;1:17-cv-01264_de47 @default.