Counce v. US Steel Gary Works

Filing 9

OPINION AND ORDER denying 4 MOTION to Appoint Counsel and denying 6 Submission of Request filed by Annie E Johnson Counce. Signed by Judge Andrew P Rodovich on 4/26/05. (kjp, )

Counce v. US Steel Gary Works

Doc. 9

case 2:05-cv-00129-PPS-APR

document 9

filed 04/26/2005

page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION ANNIE E. JOHNSON COUNCE, Plaintiff, v. U.S. STEEL GARY WORKS, Defendant ) ) ) ) ) ) ) ) )

Case No. 2:05 CV 129

OPINION AND ORDER This matter is before the court on the Submission of Request for Summary of Plan Description and Complete Text of Rules and Regulations filed by the plaintiff, Anne Johnson Counce, on April 5, 2005, and the Motion to Appoint Counsel filed by the plaintiff on April 13, 2005. These motions are DENIED.

The plaintiff bears the burden of conducting her own discovery and legal research in this case. In addition, as Judge David

Hamilton of the Southern District of Indiana noted in his decision not to appoint counsel prior to the transfer of this case, "the plaintiff has not demonstrated any effort to obtain counsel through the private marketplace . . . . [U]ntil she makes such an effort the court is unable to consider her request for counsel in more substantive terms." (March 23, 2005 Order, pg. 1) See also

Barnhill v. Doiron, 958 F.2d 200 (7th Cir. 1992); Jackson v. County of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992). Counce's bald statement that she has "tried referrals and was turned down" and that the union hall was "no help" are not sufficient evidence that she has made a "reasonable effort to retain counsel and was unsuccessful or that [she] was effectively precluded from making

Dockets.Justia.com

case 2:05-cv-00129-PPS-APR

document 9

filed 04/26/2005

page 2 of 2

such efforts." Jackson, 953 F.2d at 1073. Accordingly, the plaintiff's motions are DENIED. ENTERED this 26th day of April, 2005

s/ ANDREW P. RODOVICH United States Magistrate Judge

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