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Anthony G. Brown v. Marcus Hardy

March 15, 2011

ANTHONY G. BROWN, PLAINTIFF,
v.
MARCUS HARDY, WARDEN, DEFENDANT.



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

#A-72335

MEMORANDUM ORDER

Anthony Brown ("Brown") has filed a bulky self-prepared 42 U.S.C. §1983 Complaint against Stateville Correctional Center Warden Marcus Hardy, complaining of just about everything at Stateville. Brown has accompanied his Complaint with two other Clerk's-Office-provided forms: an In Forma Pauperis Application ("Application") and a Motion for Appointment of Counsel ("Motion"). This memorandum order is issued sua sponte to address flaws in those last two forms.

As for the Application, it does not cover the entire six-month period prescribed by 28 U.S.C. §1915(a)(2)(in this instance probably September 7, 2010 through March 6, 2011*fn1 , so that this Court cannot make the calculation called for by 28 U.S.C. §1915(b)(1). Accordingly this action cannot go forward until Brown provides the necessary information (and if he does not do so on or before April 1, 2011, both the Complaint and this action will be dismissed without prejudice).

As for the Motion, our Court of Appeals teaches that any plaintiff who wishes to obtain the services of a pro bono lawyer must make an affirmative showing of unsuccessful efforts to obtain counsel on his or her own. It will not do to say simply (as Brown has) that he lacks funds. ...


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