KNIGHTEN v. ZATECKY et al

Filing 26

ENTRY - The plaintiff's motion for the appointment of counsel states that he has attempted to recruit counsel on his own. The plaintiff should continue his attempt to recruit counsel on his own. But the motion does not provide any information regarding the plaintiff's ability to litigate or provide his deposition without the assistance of counsel. His motion [dkt 23] must therefore be denied. If he chooses to renew his request for the appointment of counsel, he must provide the c ourt with a list of the names of organizations and/or law firms he has contacted. In addition to informing the Court of how many attorneys he has written, he should provide information that would allow the Court to determine his ability to litigat e on his own. The clerk shall include a copy of a form Motion for Counsel with the plaintiff's copy of this Entry. He may consider using this form if he renews his request for counsel. Signed by Judge Tanya Walton Pratt on 2/5/2016. (Attachments: # 1 Form for Motion for Counsel) (JLS)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA

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Full name of plaintiff(s)

v.

Case No.___________________________

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Full name of defendant(s)

MOTION FOR ASSISTANCE WITH RECRUITING COUNSEL
I request the court’s assistance recruiting counsel to represent me in this action.
(Note: You may attach additional pages to this motion.)
I.

Financial Status

Have you previously filed a “Request to Proceed in Forma Pauperis” (an IFP
application)? Please check the appropriate box below:
☐

I have previously filed an IFP application in this case, and it is a true and correct
representation of my current financial status.

☐

I have not previously filed an IFP application in this case and now attach an
original IFP application showing my financial status.

☐

I have previously filed an IFP application in this case, but my financial status has
changed. I have attached a new IFP application showing my current financial
status.

Last Revised 1/26/2016

II.

Attempts to Obtain Counsel

The law requires persons requesting assistance with recruiting counsel to first make a
reasonable attempt to obtain counsel on their own or demonstrate that they have been
effectively precluded from doing so. List all attorneys and/or law firms you have
contacted to represent you in this case and their responses to your requests. If you have
limited access to the telephone, mail, or other communication methods, or if you
otherwise have had difficulty contacting attorneys, please explain.
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III.

Ability to Litigate the Case

1)

Do you have any difficulty reading or writing English?

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2)

What is your educational background (including how far you went in school)?

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Last Revised 1/26/2016

3)

Do you have any physical or mental health issues that you believe affect your
ability to litigate this case on your own? If so, what are they?

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4)

Have you received any assistance with this case from others, including other
inmates? If so, describe the assistance you have received and whether you will
continue to receive it.

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5)

List any other cases you have filed without counsel, and note whether the Court
recruited counsel to assist you in any of those cases.

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6)

Describe any other factors you believe are relevant to your ability to litigate this
case on your own.

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Last Revised 1/26/2016

IV.

Requirements for the Recruitment of Counsel

By filing this motion, I agree to the following conditions:
·

While I set the objectives of the litigation, I acknowledge it is usually counsel’s
choice as to the strategies used to accomplish that objective.

·

I will fully cooperate with recruited counsel. If I do not do so, I understand that
recruited counsel may withdraw.

·

I understand that counsel is not responsible for paying the costs associated with
my lawsuit.

·

I understand that I am not entitled to free legal counsel and that recruited
counsel may require me to enter into a contingency fee agreement in order to
represent me in this action.

·

I understand that a portion of any monetary recovery (not to exceed 25%) may be
used to satisfy the amount of attorney’s fees awarded under 42 U.S.C. § 1988.
This requirement is imposed by the Prison Litigation Reform Act, 42 U.S.C.
§ 1997e(d).

·

I understand that even if the Court grants this motion, I will receive counsel only
if an attorney volunteers to take my case and that there is no guarantee that an
attorney will volunteer to represent me.

·

I understand that if my answers in this motion or in my IFP application are false,
I may be subject to sanctions, including the dismissal of my case.

I declare under penalty of perjury that the foregoing is true and correct:

___________________________
Date

Last Revised 1/26/2016

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Signature - Signed Under Penalty of Perjury