Villagomez v. Experian et al

Filing 22

MEMORANDUM AND ORDER, denying 21 MOTION to Appoint Counsel filed by Fabian Villagomez. Signed by Judge J. Phil Gilbert on 9/14/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FABIAN VILLAGOMEZ,
Plaintiff,
v.

Case No. 3:18-cv-00033-JPG-DGW

EXPERIAN, TRANS UNION, LLC, and
EQUIFAX,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
Pro se plaintiff Fabian Villagomez has filed a motion for appointment of counsel. (ECF
No. 21.) Whether to appoint an attorney to represent an indigent civil litigant is within the sound
discretion of the district court. Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007); Jackson v. County
of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). There is absolutely no right to appointment of
counsel in a civil case. Pruitt, 503 F.3d at 656-57. Pursuant to 28 U.S.C. § 1915(e)(1), the Court
may request the assistance of counsel in an appropriate civil case where a litigant is proceeding in
forma pauperis. Mallard v. United States District Court, 490 U.S. 296 (1989); Pruitt, 503 F.3d at
649.
In deciding the request for counsel, the Court should ask (1) whether the indigent plaintiff
made a reasonable attempt to obtain counsel or has been effectively precluded from doing so; and
(2) whether, given the difficulty of the case, the plaintiff appears at that time to be competent to
litigate it himself. Pruitt, 503 F.3d at 654-55 (citing Farmer v. Haas, 990 F.2d 319, 321-22 (7th
Cir. 1993)). “[T]he question is whether the difficulty of the case – factually and legally – exceeds
the particular plaintiff’s capacity as a layperson to coherently present it to the judge or jury
himself.” Id. at 655. In making this inquiry, courts usually consider factors such as the plaintiff’s
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literacy, communication skills, educational level, litigation experience, intellectual capacity and
psychological history. Id.
Here, although Villagomez is proceeding in forma pauperis and has attached a sworn
affidavit stating that he has attempted to obtain counsel on his own multiple times, the Court is
satisfied that Villagomez is competent to litigate this case on his own at the moment. The legal
claims are not complex, and Villagomez’s filings up to this point indicate that he has the capacity
as a layperson to present his claims to the Court in a more than sufficient manner. Accordingly,
the Court DENIES Villagomez’s motion to recruit counsel. (ECF No. 21.)
IT IS SO ORDERED.
DATED: SEPTEMBER 14, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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