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Thomas v. Doe

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


June 12, 2008

ARVIE THOMAS #N00391, PLAINTIFF,
v.
JOHN DOE, ET AL., DEFENDANTS.

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

MEMORANDUM ORDER

On May 28, 2008 this Court issued a memorandum order that (1) dismissed the pro se Complaint and action brought by prisoner Arvie Thomas ("Thomas") and (2) confirmed that such dismissal constituted a third "strike" under 28 U.S.C. §1915(g). Now Thomas has tendered a hand-printed "Motion for Appointed Counsel" that is totally silent on the issue that led to dismissal: his failure to have exhausted administrative remedies, which 42 U.S.C. §1997e(a) makes a precondition to the institution of any prisoner litigation. Even apart from the question whether counsel can or should be appointed in any already-dismissed prisoner lawsuit, under the circumstances here there is no basis for entertaining Thomas' motion--it is denied.

20080612

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