Filed: May 13, 2015
Latest Update: May 13, 2015
Summary: OPINION and ORDER SUSAN COLLINS , Magistrate Judge . Luis Juarez-Cabrera, a pro se prisoner, filed a letter, asking the Court to appoint him an attorney in this 42 U.S.C. 1983 excessive force case. (DE 28). "[T]here is no constitutional or statutory right to court-appointed counsel in federal civil litigation . . . ." Pruitt v. Mote, 503 F.3d 647 , 649 (7th Cir. 2007). However, in some circumstances, the Court may ask an attorney to volunteer to represent indigent parties. When con
Summary: OPINION and ORDER SUSAN COLLINS , Magistrate Judge . Luis Juarez-Cabrera, a pro se prisoner, filed a letter, asking the Court to appoint him an attorney in this 42 U.S.C. 1983 excessive force case. (DE 28). "[T]here is no constitutional or statutory right to court-appointed counsel in federal civil litigation . . . ." Pruitt v. Mote, 503 F.3d 647 , 649 (7th Cir. 2007). However, in some circumstances, the Court may ask an attorney to volunteer to represent indigent parties. When conf..
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OPINION and ORDER
SUSAN COLLINS, Magistrate Judge.
Luis Juarez-Cabrera, a pro se prisoner, filed a letter, asking the Court to appoint him an attorney in this 42 U.S.C. § 1983 excessive force case. (DE 28). "[T]here is no constitutional or statutory right to court-appointed counsel in federal civil litigation . . . ." Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). However, in some circumstances, the Court may ask an attorney to volunteer to represent indigent parties.
When confronted with a request under § 1915(e)(1) for pro bono counsel, the district court is to make the following inquiries: (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 654. Here, Juarez-Cabrera gives no indication that he has made any attempt to obtain counsel on his own. "If . . . the indigent has made no reasonable attempts to secure counsel . . ., the court should deny any [such requests] outright." Jackson v. Cnty. of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992); see also Bracey v. Grondin, 712 F.3d 1012, 1016 (7th Cir. 2013); Pruitt, 503 F.3d at 654; Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir. 2010).
Accordingly, the motion will be denied with leave to re-file after Juarez-Cabrera has sent a copy of this Court's screening order (DE 27) to ten attorneys, along with a letter requesting that they represent him. Then he needs to wait a reasonable length of time before asking this Court to attempt to recruit a lawyer to represent him for free. If he files such a request, he needs to attach whatever responses he has received. Until then, Juarez-Cabrera will continue to proceed with this case pro se.
For the foregoing reasons, the Court DENIES Juarez-Cabrera's request for counsel (DE 28) and DIRECTS the Clerk to send him ten copies of the screening order (DE 27).
SO ORDERED.
