THRASHER v. CARVANA LLC

Filing 5

ORDER Mr. Thrasher's motion to proceed in forma pauperis, dkt. #2 , is GRANTED. Mr. Thrasher's motion for assistance with recruiting counsel, dkt. #3 , is DENIED without prejudice. If Mr. Thrasher wishes to renew his motion as the case progresses, he may do so. The clerk is directed under Federal Rule of Civil Procedure 4(c)(3) to issue process to Defendant Carvana LLC 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 (SEE ORDER). Signed by Judge James Patrick Hanlon on 1/6/2021. Copies distributed pursuant to distribution list. (DWH)

Case 1:20-cv-03263-JPH-DLP Document 5 Filed 01/07/21 Page 1 of 3 PageID #: 22

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
AARON THRASHER,

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Plaintiff,
v.
CARVANA LLC,
Defendant.

No. 1:20-cv-03263-JPH-DLP

ORDER
Granting in forma pauperis status

I.

Mr. Thrasher'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.
Thrasher 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.

Denying Motion for Counsel

Mr. Thrasher's motion for counsel, dkt. [3], has also been considered.
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
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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)). "Whether to
recruit an attorney is a difficult decision: Almost everyone would benefit from
having a layer, but there are too many indigent litigants and too few lawyers
willing and able to volunteer for these cases." Olson v. Morgan, 750 F.3d 708,
711 (7th Cir. 2014).
Mr. Thrasher indicates that he has attempted to recruit counsel on his
own. Dkt. 3. The Court appreciates Mr. Thrasher's attempts at recruiting
counsel and does take his efforts into consideration.
For 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." Id. At this
early stage, Mr. Thrasher has effectively communicated the claim he intends to
pursue and 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).
Therefore, at this time, Mr. Thrasher's motion for assistance with
recruiting counsel, dkt. [3], is DENIED without prejudice. If Mr. Thrasher
wishes to renew his motion as the case progresses, he may do so.
III.

Directing Service of Process

The clerk is directed under Federal Rule of Civil Procedure 4(c)(3) to
issue process to Defendant Carvana LLC in the manner specified by Rule 4(d).
Process shall consist of the complaint, dkt. 1, applicable forms (Notice of
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Lawsuit and Request for Waiver of Service of Summons and Waiver of Service
of Summons), and this Order.
SO ORDERED.
Date: 1/6/2021

Distribution:
AARON THRASHER
678 N. Pendleton Ave.
Pendleton, IN 46064
Carvana LLC
6508 W F W Marks Dr.
Greenfield, IN 46140

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