Dees v. Smith et al

Filing 101

ORDER: The Court GRANTS in part and DENIES in part Plaintiffs Motion.Regarding Plaintiffs request for an extension of time, the Court GRANTS Plaintiffs request. The final pretrial conference is RESET to May 6, 2015, at 1:30 pm and the Trial is RESET to June 1, 2015 at 9:00 am. The Writs at Doc. 93 and 97 are hereby QUASHED with new writs to issue. The Court will not exercise its discretion to recruit counsel until plaintiff makes a reasonable effort to retain counsel or shows that he is effectively precluded from making that effort. Plaintiff has not made such a showing. Accordingly, the request is premature and DENIED without prejudice. Signed by Judge Staci M. Yandle on 4/13/15. (cmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RODNEY DEES,
Plaintiff,
vs.
ANGELA SMITH, et al.
Defendants.

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No. 12-cv-00625-SMY-PMF

MEMORANDUM AND ORDER
THIS MATTER comes before the Court on Plaintiff’s Motion for Extension of Time to
Respond to the Final Pretrial Order (Doc. 98). In Plaintiff’s Motion, he asks the Court for a 1530 day extension to respond to the Final Pretrial Order and for the Court to appoint counsel. The
Court GRANTS in part and DENIES in part Plaintiff’s Motion.
Regarding Plaintiff’s request for an extension of time, the Court GRANTS Plaintiff’s
request. The final pretrial conference is RESET to May 6, 2015, at 1:30 pm and the Trial is
RESET to June 1, 2015 at 9:00 am. The Writs at Doc. 93 and 97 are hereby QUASHED with
new writs to issue.
Although civil litigants have no constitutional or statutory right to be represented by
counsel in federal court, Caruth v. Pinkney, 683 F.2d 1044, 1048 (7th Cir. 1982), the Court may,
in an appropriate case, exercise its discretion to recruit an attorney to represent a person who is
unable to afford counsel. 28 U.S.C. § 1915(e)(1); Mallard v. United States District Court, 109
S.Ct. 1814 (1989); Farmer v. Haas, 990 F.2d 319, 323 (7th Cir. 1993). The Court will not
exercise its discretion to recruit counsel until plaintiff makes a reasonable effort to retain counsel
or shows that he is effectively precluded from making that effort. Gil v. Reed, 381 F.3d 649, 656
(7th Cir. 2004); Jackson v. County of Maclean, 953 F.2d 1070, 1072-1073 (7th Cir.1992).
Plaintiff has not made such a showing. Although Plaintiff is confined, he has reasonable access
to library resources, writing materials, mail, and telephone services. Accordingly, the request is
premature and DENIED without prejudice.

IT IS SO ORDERED:
DATED: April 13, 2015___

______/s/ Staci M. Yandle___
HON. STACI M. YANDLE