ALKHALIDI et al v. BUSS et al

Filing 45

ORDER - denying 40 Motion to Appoint Counsel. The plaintiff appears to have been making reasonable efforts to secure counsel on his own. He shall continue those efforts to the extent possible. Signed by Judge William T. Lawrence on 1/11/2013. Copy Mailed. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
ABDULLAH ALKHALIDI,
vs.

Plaintiff,

EDWIN BUSS, et al.,
Defendants.

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1:11-cv-609-WTL-TAB

ENTRY
The plaintiff=s renewed request for the appointment of counsel [40] has been
considered. The plaintiff appears to have been making reasonable efforts to secure
counsel on his own. He shall continue those efforts to the extent possible.
In ruling on the plaintiff’s prior motion for appointment of counsel on October
2, 2012, the court determined that it will not make an outright request that counsel
represent the plaintiff at this time but that it will be alert to the possibility of
recruiting representation for the plaintiff at trial or at other points in the case
where the plaintiff=s incarceration and pro se status would make it particularly
difficult for him to proceed without representation and where the assistance of
counsel would be a benefit to both the plaintiff and the court. The court further
concludes at this early stage of the case that, based on the plaintiff’s
comprehensible filings, his use of the court’s processes, his familiarity with both the
factual circumstances surrounding his claims and with the legal issues associated
with those claims, the plaintiff is competent to litigate on his own. See Pruitt v.
Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Again, if the case reaches a point where
the requirements of litigation exceed the plaintiff’s ability to continue on his own
and counsel would be of benefit to the plaintiff and the court, most likely meaning
at trial, the court will attempt to assist the plaintiff in recruiting counsel. For the
time being, however, the plaintiff’s renewed motion for the appointment of counsel
[40] is denied.
IT IS SO ORDERED.

1/11/2013
Date: __________________

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

Distribution:
All Electronically Registered Counsel
Abdullah Alkhalidi
DOC #104113
Westville Correctional Center
Inmate Mail/Parcels

5501 South 1100 West
Westville, IN 46391-0473