Mister v. Collins et al

Filing 76

MEMORANDUM AND ORDER vacating 74 , reversing Magistrate Judge Proud's order 68 and remanding matter to Magistrate Judge Proud for further consideration. Signed by Judge J. Phil Gilbert on 4/1/2010. (dka, )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SHARVELT MISTER, Plaintiff, v. T.J. COLLINS, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court for sua sponte reconsideration of plaintiff Sharvelt Mister's "Motion to Alter the Judgment" (Doc. 73), which the Court has construed as an appeal of Magistrate Judge Clifford J. Proud's March 2, 2010 order (Doc. 68) denying two of Mister's motions for appointment of counsel (Docs. 46 and 54). Shortly after the Court overruled Mister's appeal and affirmed Judge Proud's order, the Court of Appeals for the Seventh Circuit decided Santiago v. Walls, 2010 WL 1170654 (7th Cir. Mar. 29, 2010), clarifying the standard to be applied when deciding whether to appoint counsel for an indigent litigant. In light of Santiago, the Court VACATES its March 26, 2010, order (Doc. 74), REVERSES Magistrate Judge Proud's March 2, 2010, order (Doc. 68) and REMANDS the matter to Magistrate Judge Proud for further consideration in light of Santiago. IT IS SO ORDERED. DATED: April 1, 2010 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE Case No. 06-cv-978-JPG-CJP