United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
GILBERT C. SISON UNITED STATES MAGISTRATE JUDGE
litigants do not have a constitutional or statutory right to
counsel. See Pruitt v. Mote, 503 F.3d 647, 649
(7th Cir. 2007); Zarnes v. Rhodes, 64
F.3d 285, 288 (7th Cir. 1995). Under 28 U.S.C.
§1915(e)(1), however, this Court has discretion to
recruit counsel to represent indigents in appropriate cases.
See Johnson v. Doughty, 433 F.3d 1001, 1006
(7th Cir. 2006). In evaluating whether counsel
should be appointed, this Court must examine (what are known
as) the Pruitt factors and apply them to the
specific circumstances of this case. See Santiago v.
Walls, 599 F.3d 749, 760 (7th Cir. 2010). The
Court must ask: “‘(1) has the indigent plaintiff
made a reasonable attempt to obtain counsel or been
effectively precluded from doing so; and if so, (2) given the
difficulty of the case, does the plaintiff appear competent
to litigate it himself?'” Id. at 761
(quoting Pruitt, 503 F.3d at 654).
circumstances presented in this case warrant recruitment of
counsel. See Santiago, 599 F.3d at 765 (stating that
“[t]he situation here is qualitatively different from
typical prison litigation.”). The record reflects that
Plaintiff is having difficulty with the discovery process and
with the following the Federal Rules of Civil Procedure.
Further, the Court finds that the case now is at the point
where the difficulty of the case exceeds Plaintiff's
ability to “coherently present it to the judge or jury
himself.” See Pruitt, 503 F.3d at 655.
IS HEREBY ORDERED that, for the reasons stated, and
in accordance with 28 U.S.C. § 1915(e)(1) and Local
Rule(s) 83.1(i) and 83.9(b), attorney Jennifer Maloney of
Heyl Royster is ASSIGNED to represent
Plaintiff Lloyd Saterfield in this civil rights case. On or
before September 27, 2019, assigned counsel shall enter her
appearance in this case. Attorney Maloney is free to share
responsibilities with an associate who is also admitted to
practice in this district court. Assigned counsel, however,
must enter the case and shall make first contact with
Plaintiff, explaining that an associate may also be working
on the case. Plaintiff should wait for his attorney to
contact him in order to allow counsel an opportunity to
review the court file.
Clerk of Court is DIRECTED to transmit this
Order and copies of the docket sheet and Docs. 72, 110, 111,
113, and 114 to attorney Maloney. The electronic case file is
available through the CM-ECF system.
that counsel has been assigned, Plaintiff shall not
personally file anything in this case, except a pleading that
asks that he be allowed to have counsel withdraw from
representation. If counsel is allowed to withdraw at the
request of Plaintiff, there is no guarantee the Court will
appoint other counsel to represent Plaintiff.
IS FURTHER ORDERED that all pending motions filed by
Plaintiff pro se are DENIED without
prejudice so that assigned counsel can evaluate how to
is ADVISED to consult Local Rules 83.8-83.14
regarding pro bono case procedures.
and his counsel are ADVISED that, because
Plaintiff is proceeding in forma pauperis, if there
is a monetary recovery in this case (either by verdict or
settlement), any unpaid out-of-pocket costs must be paid from
the proceeds. See SDIL-LR 3.1(c)(1). If there is no
recovery in the case (or the costs exceed any recovery), the
Court has the discretion to reimburse expenses.
2.6 of this Court's Plan for the Administration of the
District Court Fund provides for a degree of reimbursement of
pro bono counsel's out-of-pocket expenses, as
funds are available. The Plan can be found on the Court's
website, as well as the form motion for out-of-pocket
expenses and an Authorization/Certification for
Reimbursement. Any motion for reimbursement must be made
within 30 days from the entry of judgment, or reimbursement
will be waived. See SDIL-LR 83.13. The funds
available for this purpose are limited, however, and counsel
should use the utmost care when incurring out-of-pocket
costs. In no event will funds be reimbursed if the
expenditure is found to be without a proper basis. The Court
has no authority to pay attorney's fees in this case. No
portion of a partial filing fee assessed pursuant to 28
U.S.C. § 1915 will be reimbursed. Assigned counsel may
move for an exemption from PACER fees for this case.
district court has entered into an agreement with attorney
and the Illinois Institute for Community Law to consult with
lawyers on issues in these cases, including substantive and
procedural questions (both legal and practical) and dealing
with the client. Mr. Chapman can be reached by phone at (312)
593-6998 or email at JamesPChapman@aol.com. His services are
available to you free of charge, as long as you are
representing a prisoner pro bono on a case in the
district. You are also encouraged to view online lectures
presented by Mr. Chapman at www.illinoislegaladvocate.org
(under “Legal Resources” then
addition, the Court's website, www.ilsd.uscourts.gov,
includes a Prison Litigation handbook which is available to
you as a resource. It is listed under “Forms” as
“Attorney Information - Guide for Attorneys Recruited
to Represent Plaintiffs in Section ...