Filing 71

ORDER granting in part and denying in part 55 Motion for Summary Judgment. For the reasons discussed above, defendants Lyn Fry and Michael Mitcheff's motion for summary judgment, dkt. 55 , is granted in part and denied in part. It is gr anted with respect to Mr. Griffin's First Amendment retaliation claims against both Ms. Frye and Dr. Mitcheff, Mr. Griffin's Eighth Amendment deliberate indifference claim against Dr. Mitcheff, and Mr. Griffin's Eighth Amendment del iberate indifference claim challenging Ms. Frye's response to his grievance about the discontinuation of his breathing treatments. Those claims are dismissed with prejudice. The motion for summary judgment is denied with respect to Mr. Griffi n's Eighth Amendment deliberate indifference claim based on Ms. Frye's responses to the grievances about Mr. Griffin's missed breathing treatments. No partial judgment shall issue at this time. The clerk is directed to terminate Mich ael Mitcheff as a defendant on the docket. Mr. Griffin's surviving claim against Ms. Frye will be resolved by settlement or trial. It is the Court's preference that Mr. Griffin receive the assistance of counsel for settlement and/or tria l. Therefore, Mr. Griffin shall have through July 20, 2021, to file a motion for assistance with recruiting counsel. If Mr. Griffin does not file a motion for assistance with recruiting counsel by the deadline, the Court will assume that he doe s not want the assistance of counsel and proceed. The clerk is directed to include a copy of the form Motion for Assistance with Recruiting Counsel with Mr. Griffin's copy of this Order. The clerk is directed to update the docket to reflect that "Lyn Fry" is Linda Frye. Signed by Judge James R. Sweeney II on 7/16/2021. (Attachments: # 1 form Motion for Assistance) (JDC)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA ________________________________ Full name of plaintiff(s) v. Case No.___________________________ ________________________________ 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 2/26/2016 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. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ III. Ability to Litigate the Case 1) Do you have any difficulty reading or writing English? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2) What is your educational background (including how far you went in school)? ____________________________________________________________________________ ____________________________________________________________________________ Last Revised 2/26/2016 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? ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 6) Describe any other factors you believe are relevant to your ability to litigate this case on your own. ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Last Revised 2/26/2016 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 penalties for perjury that the above statements are true and correct: ___________________________ Date Last Revised 2/26/2016 _________________________________________ Signature - Signed Under Penalty for Perjury

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