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- ilcd;;1:17-cv-01532_de19 RegisterActionDate "2018-05-31" @default.
- ilcd;;1:17-cv-01532_de19 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 5/31/18. The Court has conducted a merit review and Defendants have been served. Plaintiff currently has one claim alleging two Defendants used excessive force against him. See April 4, 2018 Merit Review Order. Plaintiff has now filed a motion for leave to amend his complaint 15 , a motion to strike, 16 , and a motion for appointment of counsel. 17 . The Court will allow Defendants an opportunity to file a response to Plaintiffs motion to amend. However, Plaintiff is reminded Federal Rule of Civil Procedure 8 requires a short and plain statement of any intended claim. All claims must be clearly stated in the body of Plaintiff's complaint. Therefore, the Court will not consider any exhibits attached to Plaintiff's complaint as the basis for any claims not clearly stated in the complaint. Plaintiff next asks the Court to strike the Defendants' motion to dismiss. 16 . Defendants have not file a motion to dismiss, but instead, have filed an answer to his complaint. As previously explained, Defendants are required to respond to Plaintiff's complaint. See April 4, 2018 Merit Review Order, p. 8. The motion to strike is denied. 16 As for Plaintiff's motion for appointment of counsel, Plaintiff has no constitutional right to the appointment of counsel. In addition, the Court cannot require an attorney to accept pro bono appointment in a civil case. The most the Court can do is ask for volunteer counsel. See Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In considering Plaintiff's motion, the Court must ask two questions: "(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 (7th Cir. 2007), citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir. 1993). Plaintiff has demonstrated at least some attempt to find counsel on his own. Plaintiff claims he has an unspecified serious mental illness. Nonetheless, Plaintiff's surviving claim is not complex. Based on his pleadings, Plaintiff is capable of explaining what happened. In addition, Plaintiff has litigation experience. See 8DFAF83 v. Suresh, Case No. 09-1398 in the Central District; 8DFAF83 v. Iyiola, Case No. 09-4108 and 8DFAF83 v Gosh, Case No. 09-5029 in the Northern District. Furthermore, once the Court considers the motion to amend, this case will be set for a telephone status hearing pursuant to Federal Rule of Civil Procedure 16 to discuss the claims and defenses, potential discovery, and interest in mediation. The Court will then enter a Scheduling Order with information to assist a pro se litigant. Therefore, at this stage of the proceedings, Plaintiff's motion is denied. 17 .(FDS, ilcd) (Entered: 05/31/2018)" @default.
- ilcd;;1:17-cv-01532_de19 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01532_de19 hasJudgeReference SJ001502 @default.
- ilcd;;1:17-cv-01532_de19 hasReferenceToOtherEntry ilcd;;1:17-cv-01532_de16 @default.
- ilcd;;1:17-cv-01532_de19 hasReferenceToOtherEntry ilcd;;1:17-cv-01532_de17 @default.
- ilcd;;1:17-cv-01532_de19 hasReferenceToOtherEntry ilcd;;1:17-cv-01532_de18 @default.