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- ilnd;;1:19-cv-04615_de7 RegisterActionDate "2020-02-05" @default.
- ilnd;;1:19-cv-04615_de7 RegisterActionDescriptionText "MINUTE entry before the Honorable John Robert Blakey: The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $400 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. § 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff's application for leave to proceed in forma pauperis demonstrates that he is unable to pay the filing fee. Additionally, at least at this juncture, the Court cannot say that Plaintiff's disability discrimination claim is frivolous. Accordingly, the Court grants his application 4 . The Clerk is directed to file the complaint and issue summons. The U.S. Marshal is directed to serve summons. Plaintiff shall complete a USM-285 form for each defendant being served, if he has not done so. The Court advises Plaintiff that a completed USM-285 form is required for each named Defendant. The U.S. Marshal will not attempt service on a Defendant unless and until the required form is received. Plaintiff must therefore complete and return a service form for each Defendant, and failure to do so may result in the dismissal of the unserved Defendant, as well as dismissal of this case in its entirety for lack of prosecution. Plaintiff's motion for attorney representation 5 is denied. There is no constitutional or statutory right to counsel in federal civil cases. Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir. 2010); see also Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir. 2006). Although the Court has discretion under 28 U.S.C. 1915(e)(1) to recruit counsel for an indigent litigant in some cases, such recruitment is not warranted at this time. Plaintiff has not listed any attempts to secure counsel on his own, and he has demonstrated an ability to file pleadings and pursue his rights. Should this case proceed to a point where counsel becomes necessary, the Court may revisit the issue. The case is set for a status hearing 3/26/20 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 02/05/2020)" @default.
- ilnd;;1:19-cv-04615_de7 AdministrativeID "10" @default.
- ilnd;;1:19-cv-04615_de7 hasReferenceToOtherEntry ilnd;;1:19-cv-04615_de3 @default.
- ilnd;;1:19-cv-04615_de7 hasReferenceToOtherEntry ilnd;;1:19-cv-04615_de4 @default.