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- ilnd;;1:20-cv-03610_de6 RegisterActionDate "2020-07-17" @default.
- ilnd;;1:20-cv-03610_de6 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 3 demonstrates that he is unable to pay the filing fee. Additionally, based upon an initial review of Plaintiff's complaint, the Court cannot say that his claim is frivolous. Although the discrimination alleged in the complaint occurred in 2009, Plaintiff alleges that he just received a right-to-sue letter in March of 2020, suggesting that his claim likely is timely. Accordingly, the Court grants Plaintiff's application for leave to proceed in forma pauperis 3 and directs the Clerk to accept Plaintiff's complaint for filing. The Court directs the Clerk to issue summonses for service of the complaint on Defendant Ron of Japan, Ltd. and directs the U.S. Marshal to serve summons consistent with the USM-285 Plaintiff submitted, see 7 . Plaintiff's motion for attorney representation 4 is denied without prejudice. "There is no right to court-appointed counsel in federal civil litigation," Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014), but the Court has discretion to request that an attorney represent an indigent litigant on a volunteer basis under 28 U.S.C. § 1915(e)(1). In making the decision whether to recruit counsel, the Court must engage in a two-step analysis: (1) has the plaintiff made a reasonable attempt to obtain counsel on his own behalf or been effectively precluded from doing so; and, if so, (2) given the factual and legal complexity of the case, does this particular plaintiff appear competent to litigate the matter himself. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc). Factors to be considered include but are not limited to: (1) the stage of litigation, Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir. 2010); (2) plaintiff's submissions and pleadings, Olson, 750 F.3d at 712; (3) plaintiff's capabilities, including intelligence (IQ), literacy, degree of education, communication skills, and litigation experience, Pruitt, 503 F.3d at 655; and (4) the complexity of the case, id. Here, Plaintiff indicates that he has contacted just "Legal Aid Chicago." 4 . Plaintiff is encouraged to make more of an effort to secure counsel. Additionally, Plaintiff graduated from college, his complaint is articulate, and he has demonstrated his ability to pursue his claim thus far. Should this case proceed to a point where counsel becomes necessary, the Court will revisit the issue. The parties shall file a joint status report by 9/15/20 using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) (Entered: 07/17/2020)" @default.
- ilnd;;1:20-cv-03610_de6 AdministrativeID "9" @default.
- ilnd;;1:20-cv-03610_de6 hasReferenceToOtherEntry ilnd;;1:20-cv-03610_de2 @default.
- ilnd;;1:20-cv-03610_de6 hasReferenceToOtherEntry ilnd;;1:20-cv-03610_de3 @default.