Brown v. Hardy

Filing 6

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/15/2011:Mailed notice(srn, )

Brown v. Hardy

Doc. 6

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ANTHONY G. BROWN #A-72335, Plaintiff, v. MARCUS HARDY, WARDEN, Defendant. ) ) ) ) ) ) ) ) )

No.

11 C 1717

MEMORANDUM ORDER Anthony Brown ("Brown") has filed a bulky self-prepared 42 U.S.C. §1983 Complaint against Stateville Correctional Center Warden Marcus Hardy, complaining of just about everything at Stateville. Brown has accompanied his Complaint with two other an In Forma Pauperis Application

Clerk's-Office-provided forms:

("Application") and a Motion for Appointment of Counsel ("Motion"). This memorandum order is issued sua sponte to

address flaws in those last two forms. As for the Application, it does not cover the entire sixmonth period prescribed by 28 U.S.C. §1915(a)(2)(in this instance probably September 7, 2010 through March 6, 20111, so that this Court cannot make the calculation called for by 28 U.S.C. §1915(b)(1). Accordingly this action cannot go forward until

Brown provides the necessary information (and if he does not do so on or before April 1, 2011, both the Complaint and this action

Those dates are concededly estimates, based on Brown's March 6 dating of the Motion and a best guess as to application of the "mailbox rule."

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will be dismissed without prejudice). As for the Motion, our Court of Appeals teaches that any plaintiff who wishes to obtain the services of a pro bono lawyer must make an affirmative showing of unsuccessful efforts to obtain counsel on his or her own. (as Brown has) that he lacks funds. It will not do to say simply Accordingly the Motion is

denied, and for the present Brown will have to go it alone.

________________________________________ Milton I. Shadur Senior United States District Judge Date: March 15, 2011

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