United States District Court, S.D. Illinois
G. WILKERSON United States Magistrate Judge.
pending before the Court are the Motions for Contempt filed
by Plaintiff on September 2, 2016 and October 17, 2016 (Docs.
93 and 97), the Motion for Recruitment of Counsel filed by
Plaintiff on September 23, 2016 (Doc. 94), and the Motion for
Filing Fee Payments filed by Plaintiff on October 31, 2016
Motions for Contempt (which are identical),  Plaintiff
indicates that the Defendants or library staff at the Menard
Correctional Center are intentionally interfering with the
electronic filing process or with the sending and receiving
of documents to and from the Clerk of Court. He states that
they are either failing to file documents submitted for
filing by Plaintiff or they are misleading him by indicating
that something has been filed when it has not been filed.
Plaintiff does not identify, nor has he attached, any
document that he has submitted for filing that has not been
filed. Nor has he indicated, with any level of detail, in
what manner he has been prejudiced in this matter (i.e. that
he has missed a deadline or otherwise failed to act when
required because he did not receive a document in this
matter). At this time, Plaintiff's Motions are
DENIED WITHOUT PREJUDICE. However, the Clerk
of Court is DIRECTED to mail to Plaintiff,
by regular mail, a copy of the docket sheet in this matter
along with this Order. Plaintiff shall notify the Court, by
November 18, 2016, what documents he has
submitted for filing that have not been filed in this case.
Plaintiff shall attach a copy of the documents that he states
are file-stamped by the staff as having been filed but that
have not, in fact been filed. That is, he shall attach the
documents he refers to in the sentence: “It should also
be noted that a lot of times/sometime when original documents
are returned (if returned at all) they are stamped by staff
as being filed, but in fact never were filed at all by
library staff at Menard leaving this Plaintiff to believe
that said filings was filed when it really was not filed at
all.” Plaintiff shall also attach any document (whether
it is a motion, notice, or a response to a motion) that he
submitted for filing but that has not been filed as indicated
in the docket sheet.
Motion for Recruitment of Counsel is DENIED WITHOUT
PREJUDICE. Plaintiff has no constitutional nor
statutory right to a Court-appointed attorney in this matter.
See Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir.
2007). However, 28 U.S.C. § 1915(e)(1) provides that the
Court “may request an attorney to represent any person
unable to afford counsel.” Prior to making such a
request, the Court must first determine whether Plaintiff has
made reasonable efforts to secure counsel without Court
intervention (or whether has he been effectively prevented
from doing so). Jackson v. County of McLean, 953
F.2d 1070, 1073 (7th Cir. 1992). If he has, then the Court
next considers whether, “given the difficulty of the
case, [does] the plaintiff appear to be competent to try it
himself . . . .” Farmer v. Haas, 990 F.2d 319,
321-322 (7th Cir. 1993); Pruitt, 503 F.3d at 655
(“the question is whether the difficulty of the case -
factually and legally - exceeds the particular
plaintiff's capacity as a layperson to coherently present
it to the judge or jury himself.”). In order to make
such a determination, the Court may consider, among other
things, the complexity of the issues presented and the
Plaintiff's education, skill, and experience as revealed
by the record. Pruitt, 503 F.3d at 655-656.
Ultimately, the Court must “take account of all
[relevant] evidence in the record” and determine
whether Plaintiff has the capacity to litigate this matter
without the assistance of counsel. Navejar v.
Iyiola, 718 F.3d 692, 696 (7th Cir. 2013).
previously sought counsel on September 12, 2014 (Doc. 8) and
March 17, 2015 (Doc. 21) when other plaintiffs were involved
in this suit. Those Motions were denied without prejudice.
The basis for Plaintiff's request for counsel is the
inadequacy of the law library at Menard CC. Plaintiff states,
in general terms, that he is hampered in this litigation by
either the lack of resources or the lack of trained staff to
assist him in this litigation. Plaintiff is a relatively
sophisticated litigant - he is capable of articulating his
claims in a coherent manner and citing to relevant case law
when appropriate. This matter is also relatively simple:
Plaintiff complains in most part of the conditions of his
confinement, namely, the temperature of his environment
during the summer months. This claim is not complicated nor
does it require any expert discovery. Plaintiff is capable of
litigating without the assistance of counsel.
the inadequacies of the law library, Plaintiff has not set
forth in any detail in what manner he has been prejudice by
the law library staff/resources. If Plaintiff believes that
he is being denied access to the Courts, he can file another
lawsuit to that effect. If, after Plaintiff has submitted the
documents and notice directed above, the Court finds that he
is being hampered by the library staff in litigating this
matter, recruitment of counsel will be reconsidered.
Motion for Filing Fee Payments is GRANTED IN PART. Plaintiff
is informed that there is a remaining balance of $284.62 with
respect to the filing fee in this matter.
 And which have been filed by Plaintiff
in other cases pending in this District and before the