WILSON v. BUSS

Filing 4

Entry on Selected Matters - The plaintiff's request to proceed in forma pauperis dkt. 2 is GRANTED. The assessment of even an initial partial filing fee is not feasible at this time. The complaint is subject to the screening requirement of 28 U.S.C. § 1915A(b). 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 counse l. The plaintiff's motion makes no reference to his having made this effort or of being prevented from doing so. Accordingly, the motion for the appointment of counsel dkt. 2 is DENIED. Signed by Judge Jane Magnus-Stinson on 4/23/2012. (copy to Plaintiff via US Mail) (JKS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
UNDRAY WILSON,
Plaintiff,
vs.
EDWIN G. BUSS, Commissioner of
the Indiana Department of
Corrections,
Defendant.

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1:12-cv-481-JMS-DML

Entry Concerning Selected Matters
The court, having considered the above action and the matters which are
pending, makes the following rulings:
1.
The plaintiff’s request to proceed in forma pauperis (dkt 2) is granted.
The assessment of even an initial partial filing fee is not feasible at this time.
2.
The complaint is subject to the screening requirement of 28 U.S.C. §
1915A(b). Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). This statute
directs that the court dismiss a complaint or any claim within a complaint which
"(1) is frivolous, malicious, or fails to state a claim upon which relief may be
granted; or (2) seeks monetary relief from a defendant who is immune from such
relief." Id. The court will direct the further development of any claim which is not
dismissed on this basis. The parties will be notified when this determination has
been made.
3.
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 makes no reference to his having made this effort or of being

prevented from doing so. Accordingly, the motion for the appointment of counsel
(dkt 2) is denied.
IT IS SO ORDERED.

04/23/2012
Date: __________________
Distribution:
Undray Wilson
DOC #891719
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064-9001

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana