RUIZ v. DOOLEY et al

Filing 24

ENTRY Discussing Request for Recruitment of Counsel - 23 Motion for Assistance with Recruiting Counsel is DENIED. If the plaintiff wishes to renew his motion, he may consider using the enclosed Motion for Assistance with Recruiting Counsel form. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/1/2017 (copy mailed to plaintiff with Motion form). (LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION

ALAN JOSUE RUIZ,
Plaintiff,
vs.
B. DOOLEY Nurse/Officer,
WIMBERLEY,
GILTNER,
Defendants.

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No. 4:16-cv-00204-TWP-DML

Entry Discussing Request for Recruitment of Counsel
The plaintiff has filed a motion for assistance with recruiting counsel. “In a civil case, the
Court has discretion to recruit counsel to represent a litigant who is unable to afford one.” Navejar
v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013) (citing 28 U.S.C. § 1915(e)(1); Ray v. Wexford Health
Sources, Inc., 706 F.3d 864, 866–67 (7th Cir. 2013)). As a threshold matter, litigants must make a
reasonable attempt to secure private counsel on their own. Pruitt v. Mote, 503 F.3d 647, 653 (7th
Cir. 2007). “If a plaintiff makes a reasonable attempt to secure counsel, the court must examine
‘whether the difficulty of the case—factually and legally—exceeds the particular plaintiff’s
capacity as a layperson to coherently present it.’” Navejar, 781 F.3d at 696 (quoting Pruitt, 503
F.3d at 655). This inquiry focuses not only the plaintiff’s ability to try his case, but “also includes
other ‘tasks that normally attend litigation’ such as ‘evidence gathering’ and ‘preparing and
responding to motions.’” Id.
In this case, the plaintiff has not provided any indication that he has unsuccessfully
attempted to obtain legal counsel on his own. Nonetheless, the plaintiff has provided a detailed

complaint setting forth his claims. Moreover, the issues in this case – that the defendants exercised
excessive force against the plaintiff or failed to protect him from that force – appear at this stage
to be straightforward and uncomplicated. Therefore, at this juncture, given the nature of the case,
it appears that the plaintiff is competent to litigate this case himself. Accordingly, the plaintiff’s
motion for assistance with recruiting counsel [dkt 23] will be denied. If the plaintiff wishes to
renew his motion, he may consider using the enclosed Motion for Assistance with Recruiting
Counsel form.
IT IS SO ORDERED.

Date: 2/1/2017
Distribution:
ALAN JOSUE RUIZ
7270
CLARK COUNTY JAIL
Inmate Mail/Parcels
501 East Court Avenue
Jeffersonville, IN 47130
All electronically registered counsel