MYERS v. MUNCIE CITY POLICE DEPARTMENT et al

Filing 5

ORDER - Mr. Myers's motion to proceed in forma pauperis, dkt. #2 , is GRANTED. The clerk is directed under Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendants Muncie City Police Department, Nathan Sloan, Josh Carrington, Danielle Bradford, and John Henderson in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The motion to appoint counsel is therefore DENIED without prejudice. Dkt. #3 . Mr. Myers may renew his motion to appoint counsel as necessary as this case progresses (SEE ORDER). Signed by Judge James Patrick Hanlon on 9/14/2020. Copies distributed pursuant to distribution list. (DWH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
THOMAS A. MYERS,

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Plaintiff,
v.
MUNCIE CITY POLICE DEPARTMENT,
NATHAN SLOAN Chief,
JOSH CARRINGTON Officer,
DANIELLE BRADFORD Officer,
JOHN HENDERSON Officer,
Defendants.

No. 1:20-cv-02044-JPH-MPB

ORDER
I.

In Forma Pauperis Status

Mr. Myers's motion to proceed in forma pauperis, dkt. [2], is GRANTED.
See 28 U.S.C. § 1915(a). While in forma pauperis status allows Mr. Myers to
proceed without prepaying the filing fee, he remains liable for the full fees.
Ross v. Roman Catholic Archdiocese of Chicago, 748 F. App'x 64, 65 (7th Cir.
Jan. 15, 2019) ("Under 28 U.S.C. § 1915(a), a district court may allow a litigant
to proceed 'without prepayment of fees,' . . . but not without ever paying fees.").
No payment is due at this time.
II.

Directing Service of Process

The clerk is directed under Federal Rule of Civil Procedure 4(c)(3) to
issue process to Defendants Muncie City Police Department, Nathan Sloan,
Josh Carrington, Danielle Bradford, and John Henderson in the manner
specified by Rule 4(d). Process shall consist of the complaint, dkt. 1, applicable
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forms (Notice of Lawsuit and Request for Waiver of Service of Summons and
Waiver of Service of Summons), and this Order.
III.

Motion to Appoint Counsel

Litigants in federal civil cases do not have a constitutional or statutory
right to court-appointed counsel. Walker v. Price, 900 F.3d 933, 938 (7th Cir.
2018). "Two questions guide this court's discretionary decision whether to
recruit counsel: (1) 'has the indigent plaintiff made a reasonable attempt to
obtain counsel or been effectively precluded from doing so,' and (2) 'given the
difficulty of the case, does the plaintiff appear competent to litigate it himself?'"
Id. (quoting Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007)). To decide the
second question, the Court considers "whether the difficulty of the case—
factually and legally—exceeds the particular plaintiff's capacity as a layperson
to coherently present it to the judge or jury himself." Olson v. Morgan, 750
F.3d 708, 712 (7th Cir. 2014).
Here, Mr. Myers has effectively communicated the claim he intends to
pursue, and the Court has ordered that the complaint be served on
Defendants. Mr. Myers has not shown a need for counsel to assist him in
amending his complaint, or to "investigate and flesh out any claim that may
exist." Mapes v. Indiana, 932 F.3d 968, 971-72 (7th Cir. 2019). The motion to
appoint counsel is therefore DENIED without prejudice. Dkt. [3]. Mr. Myers
may renew his motion to appoint counsel as necessary as this case progresses.
SO ORDERED.

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Date: 9/14/2020

Distribution:
THOMAS A. MYERS
2013 Lazycreek
Muncie, IN 47302
Muncie Police Department
300 N. High St.
Muncie, IN 47305
Nathan Sloan
300 N. High St.
Muncie, IN 47305
Josh Carrington
300 N. High St.
Muncie, IN 47305
Danielle Bradford
300 N. High St.
Muncie, IN 47305
John Henderson
300 N. High St.
Muncie, IN 47305

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