Elawyers Elawyers
Washington| Change

SANCHEZ v. COOK COUNTY, 13 C 7464. (2014)

Court: District Court, N.D. Illinois Number: infdco20140529e23 Visitors: 13
Filed: May 27, 2014
Latest Update: May 27, 2014
Summary: MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. After this Court's November 26, 2013 memorandum order ("Order") had applied the provisions of 28 U.S.C. 1915 ("Section 1915") to permit pro se plaintiff Omar Sanchez ("Sanchez") to proceed with his Complaint and has designated counsel from this District Court's trial bar to represent Sanchez in pursuing his claims, the latter effort turned out to be snake-bitten: Not one but two successive designated counsel had to withdraw because o
More

MEMORANDUM ORDER

MILTON I. SHADUR, Senior District Judge.

After this Court's November 26, 2013 memorandum order ("Order") had applied the provisions of 28 U.S.C. § 1915 ("Section 1915") to permit pro se plaintiff Omar Sanchez ("Sanchez") to proceed with his Complaint and has designated counsel from this District Court's trial bar to represent Sanchez in pursuing his claims, the latter effort turned out to be snake-bitten: Not one but two successive designated counsel had to withdraw because of conflicts of interest. In the meantime Sanchez has been released from custody, so that the Section 1915 provision that requires payment of the full $350 filing fee in future installments based on deposits to Sanchez' institutional trust fund account can no longer apply literally.

Sanchez has now submitted another In Forma Pauperis Application that reconfirms his poverty level and hence his continuing entitlement to in forma pauperis ("IFP") treatment, so that this Court has had to look into the continuing effect (if any) of its earlier Order. That search has led to our Court of Appeals' decision in Robbins v. Switzer, 104 F.3d 895 (7th Cir. 1997), which deals with a similar situation in the context of IFP treatment at the Court of Appeals level but is sufficiently analogous to the issue now before this Court to provide appropriate guidance on the subject.

Under Robbins, id. at 897-98 Sanchez is entitled to continue with his action pursuant to Section 1915(b)(4) because of his current poverty. Although further prepayment of the amount remaining unpaid toward the $350 filing fee pursuant to Section 1915 is not required, it appears that Sanchez remains liable for the entire portion of the $350 filing fee not already paid.

To enable the case to get back on track, this Court has obtained the name of still another member of the trial bar who is designated to represent Sanchez pro bono publico:

Gary Michael Elden Grippo & Elden 111 South Wacker Drive Chicago, IL 60606 (312) 704-7700 Email: docket@grippoelden.com

This case has been previously set for an 8:45 a.m. June 6, 2014 status date, and the newly designated counsel will be expected to appear at that time.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer