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 pro gresses, 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)

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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, ) ) ) ) ) ) ) ) ) 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 1 Case 1:20-cv-03263-JPH-DLP Document 5 Filed 01/07/21 Page 2 of 3 PageID #: 23 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 2 Case 1:20-cv-03263-JPH-DLP Document 5 Filed 01/07/21 Page 3 of 3 PageID #: 24 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 3

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