ROSE v. TRAFFORD PUBLISHING COMPANY

Filing 13

ENTRY Discussing Supplemented Amended Complaint and Directing Further Proceedings. ORDER denying 8 Motion to Appoint Counsel ; granting 11 Motion to Supplement the Amended Complaint. The clerk is directed to refile the return to order to show cause [dkt. 7] as the amended complaint and to refile the supplement [dkt. 11] as an attachment to the amended complaint. The clerk is directed to update the docket to reflect that this action is based on a contract dispute and not a prisoner civil rights claim. The nature of suit is 190 and the cause of action is 28:1332ds. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendant Trafford Publishing Company in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the supplemented amended complaint, applicable forms and this Entry. Copies Mailed. Signed by Judge Sarah Evans Barker on 1/27/2014. (MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
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COLIN ROSE,
Plaintiff,
vs.
TRAFFORD PUBLISHING COMPANY,

Case No. 1:13-cv-01982-SEB-TAB

Defendant.

Entry Discussing Supplemented Amended Complaint
and Directing Further Proceedings
I.
Plaintiff Colin Rose’s motion to supplement [dkt. 11] the amend complaint is granted.
The motion is understood to be the supplement. The supplemented amended complaint has been
screened consistent with 28 U.S.C. § 1915(e)(2) and shall proceed as submitted.
For clarity, the clerk is directed to refile the return to order to show cause [dkt. 7] as the
amended complaint and to refile the supplement [dkt. 11] as an attachment to the amended
complaint.
II.
The clerk is directed to update the docket to reflect that this action is based on a contract
dispute and not a prisoner civil rights claim. The nature of suit is 190 and the cause of action is
28:1332ds.

III.
The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on
the defendant Trafford Publishing Company in the manner specified by Fed. R. Civ. P. 4(d)(1).
Process shall consist of the supplemented amended complaint, applicable forms and this Entry.
IV.
The plaintiff’s motion to appoint counsel [dkt. 8] 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 for the appointment of counsel states that he that he “has made
repeated efforts to obtain a lawyer.” The motion lacks sufficient information to determine
whether plaintiff has made a reasonable attempt to recruit counsel on his own. The plaintiff
should continue his efforts, and if he chooses to renew his request for the appointment of
counsel, he shall provide the court with a list of the names of organizations and/or law firms he
has contacted. For the present, the plaintiff’s motion for the appointment of counsel [dkt. 8] is
denied.
IT IS SO ORDERED.

01/27/2014
Date: __________________

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Distribution:
COLIN ROSE
19442-083
D. RAY JAMES CORRECTIONAL FACILITY
P.O. Box 2000
Folkston, GA 31537
Trafford Publishing
1663 Liberty Drive
Suite #200
Bloomington, IN 47403