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Smith v. Alter

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


June 5, 2007

EARL MARSHALL SMITH, JR., PLAINTIFF,
v.
SERGEANT GERALD ALTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

To some extent this 42 U.S.C. §1983 ("Section 1983") action, originally brought pro se by Earl Marshall Smith, Jr. ("Smith"), has been snake-bitten, because this Court's efforts to provide him with pro bono counsel have not been fully successful. Most recently Smith's second appointed counsel, Bennett Kaplan, Esq., after having filed a well-drafted First Amended Complaint ("FAC") to replace Smith's original pro se Complaint, was given leave to withdraw for good cause shown, and this Court then obtained the name of Julie Koerner, Esq. ("Koerner," another member of the trial bar) to replace Kaplan in early May of this year.

What Smith has then done--quite without justification--is to submit self-prepared handwritten assertions of inadequacy of counsel on Koerner's part and copies of a complaint to the ARDC on the same basis. To have done so less than two weeks after Koerner was brought into the case is of course totally impermissible, and Smith is forewarned that any persistence in such activity may result in this Court's revocation of the Koerner appointment and the refusal to appoint still another counsel for Smith, who would then have to go it alone.*fn1

In the meantime, it is expected that Koerner will handle the litigation in the regular course. This action has been set for a next status hearing at 9 a.m. July 13, 2007.


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