SMITH-BEY v. BUSS et al

Filing 39

ENTRY Discussing Selected Matters - Defendant Dodd shall report by September 18, 2012, whether the plaintiff has taken the steps available to him at the Pendleton Correctional Facility to regain possession of the religious items previously noted by following the procedures in the supplemental report filed on July 17, 2012. The plaintiff shall report by September 21, 2012, whether he has secured possession of the religious items previously noted by following the procedures in the supplementa l report filed by the defendants on July 17, 2012. Plaintiff's 36 Motion for Appointment of Counsel is DENIED. The parties shall have through October 17, 2012, in which to file any further dispositive motions. Signed by Judge Tanya Walton Pratt on 9/10/2012. Copy Mailed.(JD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
SHEIK FRANCIS SMITH-BEY,
Plaintiff,
vs.
MARK DODD,
Defendant.

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1:11-cv-1204-TWP-MJD

Entry Discussing Selected Matters
I.
A.
Defendant Dodd shall report by September 18, 2012, whether the plaintiff
has taken the steps available to him at the Pendleton Correctional Facility to regain
possession of the religious items previously noted by following the procedures in the
supplemental report filed on July 17, 2012.
B.
The plaintiff shall report by September 21, 2012, whether he has secured
possession of the religious items previously noted by following the procedures in the
supplemental report filed by the defendants on July 17, 2012.
II.
The plaintiff=s motion for the appointment of counsel has been considered.
Litigants requesting that counsel be recruited must show as a threshold matter that
they made a reasonable attempt to secure private counsel. Gil v. Reed, 381 F.3d 649,
656 (7th Cir. 2004); Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir. 1995). The court
must deny "out of hand" a request for counsel made without a showing of such effort.
Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). The plaintiff’s motion does not
recite the necessary effort. Accordingly, the motion for the appointment of counsel
(Dkt. 36) is denied.

III.
The parties shall have through October 17, 2012, in which to file any
further dispositive motions.
IT IS SO ORDERED.

09/10/2012
Date: __________________

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Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Sheik Francis Smith-Bey
955755
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064
All electronically Registered Counsel