United States District Court, C.D. Illinois, Peoria Division
ORDER AND OPINION
MICHAEL M. MIHM UNITED STATES DISTRICT COURT JUDGE.
before the Court is Plaintiff Andrew Uppole's Motion for
Leave to Proceed in forma pauperis (ECF No. 2) and
Plaintiff's Motion to Request Counsel (ECF No. 3).
Motion for Leave to Proceed in forma
4, 2019, Plaintiff filed a Complaint against the Pekin Police
Department and the Tazewell County Sheriff's Office
(“Defendants”) and alleged Defendants violated
his First Amendment rights by arresting him, wiretapping his
devices, and conducting unwarranted surveillance. (ECF No. 1
at 1). Plaintiff seeks punitive damages and $5 million in
compensatory damages. Id. at 7.
submitted an Application to Proceed in District Court Without
Prepaying Fees or Costs. (ECF No. 2). Plaintiff has no income
or savings; however, he notes that he gives his daughter
twenty percent of his income. Id. at 1-2. From the
partially illegible notations, it appears he may have an
ownership interest in a small business, Subdivision Design
Solutions, but that the business is no longer operational.
Id. at 2. His expenses include $375 for rent, $120
for his electric bill, and $75 for internet per month.
Id. He indicates that he owes fines to Woodford,
Tazewell, and Peoria counties, but he fails to state how much
the fines are. Id.
appears to be indigent, but this Court's inquiry does not
end here. The Court must dismiss the case if it determines
that the action “(i) is frivolous or malicious; (ii)
fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune
from such relief.” 28 U.S.C. §
1915(e)(2)(B)(i)-(iii). A lawsuit is frivolous if the
plaintiff “can make no rational argument in law or fact
to support [his] claims for relief.” Corgain v.
Miller, 708 F.2d 1241, 1247 (7th Cir. 1983). A claim is
also frivolous when no reasonable person could suppose it to
have any merit. Lee v. Clinton, 209 F.3d 1025, 1026
(7th Cir. 2000).
Rule 8 of the Federal Rules of Civil Procedure requires that
any complaint must contain a “short and plain statement
of the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a). “Each averment of a
pleading shall be simple, concise, and direct.”
Plaintiff misrepresented to the Court that this is his only
lawsuit in federal court by marking “no” on page
four of his Complaint. (ECF. No. 1 at 4). In fact, Plaintiff
filed a Complaint in Uppole v. Dunn Graham, et al.,
No. 19-1128, in April 2019, against two different defendants.
On April 23, 2019, this Court dismissed the case and denied
his Motion for Leave to Proceed in forma pauperis
and Motion to Request Counsel.
Court finds that Plaintiff's Complaint fails to state a
legal claim, is frivolous, and fails to comply with Rule 8 of
the Federal Rules of Civil Procedure. Accordingly, because
the Court can discern no arguably cognizable claims from
Plaintiff's pleadings, the Court must deny
Plaintiff's Motion to Proceed in forma pauperis
and dismiss the Complaint.
Motion to Request Counsel
Plaintiff has no absolute right to counsel in a civil
proceeding, see Merritt v. Faulkner, 697 F.2d 761,
763 (7th Cir. 1983), he asks the Court to exercise its
discretion to appoint counsel. (ECF No. 3). After considering
the factors set forth in Merritt, the Court
concludes that appointment of counsel is not warranted.
Plaintiff has neither demonstrated that he made a reasonable
attempt to retain private counsel nor alleged any physical or
mental disability which might preclude him from adequately
investigating the facts giving rise to his Complaint.
Merritt, 697 F.2d at 765. More importantly, based on
this Court's finding that Plaintiff's Complaint is
frivolous and fails to comply with Rule 8 of the Federal
Rules of Civil Procedure, his Motion to Request Counsel is
reasons set forth herein, the Motion for Leave to Proceed
in forma pauperis  and Motion to Request Counsel
 are DENIED. This matter is DISMISSED as frivolous and for
failure to state a claim on which relief may be granted
pursuant to 28 U.S.C. § 1915(e)(2) and for failure to