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- ilcd;;4:16-cv-04032_de24 RegisterActionDate "2017-02-10" @default.
- ilcd;;4:16-cv-04032_de24 RegisterActionDescriptionText "TEXT ORDER: Entered by Judge Sara Darrow on 2/10/2017. In its Merit Review and Case Management Order 11 , the Court stayed the proceedings in this case pursuant to Younger v. Harris, 401 U.S. 37 (1971), pending resolution of Plaintiff's state criminal charges. Plaintiff was directed to provide an update regarding those charges by December 1, 2016. Plaintiff filed a status update as part of his Motion for Leave to File an Amended Complaint. See [14-1] at 2. Plaintiff stated his case was still pending as of November 14, 2016. Plaintiff's Motion for Leave to File an Amended Complaint 14 seeks leave to file an amended complaint that addresses the same Fourth Amendment issues presumably pending in Plaintiff's state criminal case. The stay in this case has not been lifted. Therefore, Plaintiff's Motion 14 is DENIED with leave to renew once the stay is lifted. Plaintiff files Motion to Request Counsel 16 . 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 stated in his motion for leave to file an amended complaint 14 that he has written an attorney, but did not hear back. Usually a plaintiff shows he made a reasonable attempt to obtain counsel by attaching copies of letters he sent to attorneys, and copies of any responses received. Plaintiff has not done so. Therefore, the Court finds that Plaintiff has not made a reasonable attempt to secure counsel. In addition, Plaintiff has personal knowledge of the facts, should be able to obtain relevant documents through the discovery process, and he has litigation experience in other cases pending in this district. Therefore, the Court finds that Plaintiff is capable of representing himself at this time. Plaintiff's motion 16 is DENIED with leave to renew. Plaintiff shall file an update regarding the status of his state criminal charges by April 1, 2017. (LN, ilcd) (Entered: 02/10/2017)" @default.
- ilcd;;4:16-cv-04032_de24 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04032_de24 hasJudgeReference SJ001510 @default.
- ilcd;;4:16-cv-04032_de24 hasReferenceToOtherEntry ilcd;;4:16-cv-04032_de12 @default.
- ilcd;;4:16-cv-04032_de24 hasReferenceToOtherEntry ilcd;;4:16-cv-04032_de17 @default.
- ilcd;;4:16-cv-04032_de24 hasReferenceToOtherEntry ilcd;;4:16-cv-04032_de19 @default.