LONG v. THE WATERS OF MUNCIE

Filing 5

ENTRY Discussing Pending Motions and Directing Filing of an Amended Complaint - The plaintiff's motion for leave to proceed without prepaying fees or costs, dkt 2 , is granted. For the present, the plaintiff's motion for assistance with re cruiting counsel, dkt. 3 , is denied. The complaint filed on September 21, 2017, is incomplete and not signed. The complaint failed to include a statement of legal claim, facts in support of the claim, or a statement of the relief sought. It must be dismissed on this basis. The plaintiff shall have through October 22, 2017, in which to file an amended complaint. The amended complaint must be signed as required by Rule 11 of the Federal Rules of Civil Procedure. See Entry for details. Copy sent to plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 9/22/2017. (MAT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION
TRENA JOHNT’E LONG,
Plaintiff,
vs.
THE WATERS OF MUNCIE,
Defendant.

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No. 4:17-cv-00177-TWP-DML

Entry Discussing Pending Motions and Directing Filing of an Amended Complaint
I. Filing Fee
The plaintiff’s motion for leave to proceed without prepaying fees or costs, dkt [2], is
granted.
II. Request for Assistance Recruiting Counsel
Litigants requesting that counsel be recruited must first show that they made a reasonable
attempt to secure private counsel. Gil v. Reed, 381 F.3d 649, 656 (7th Cir. 2004); Zarnes v. Rhodes,
64 F.3d 285, 288 (7th Cir. 1995). The court must deny “out of hand” a request for counsel made
without a showing of such effort. Farmer v. Haas, 990 F.2d 319, 321 (7th Cir. 1993). The
plaintiff’s motion for assistance with recruiting counsel indicates that she has made no requests to
recruit counsel on her own. If she chooses to renew her request for the appointment of counsel,
she shall provide the court with a list of the names of attorneys, organizations, and/or law firms
she has contacted and any responses she has received. For the present, the plaintiff’s motion for
assistance with recruiting counsel, dkt. [3], is denied.

III. Complaint is Dismissed
The complaint filed on September 21, 2017, is incomplete and not signed. The complaint
failed to include a statement of legal claim, facts in support of the claim, or a statement of the relief
sought. It must be dismissed on this basis. The plaintiff shall have through October 22, 2017, in
which to file an amended complaint.
The amended complaint must be signed as required by Rule 11 of the Federal Rules of
Civil Procedure. In addition the amended complaint must contain:
(1) a short and plain statement of the grounds for the court’s jurisdiction, unless the
court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to
relief; and
(3) a demand for the relief sought, which may include relief in the alternative or
different types of relief.
Rule 8 of the Federal Rules of Civil Procedure. If an amended complaint is filed it will be screened
as required by 28 U.S.C. § 1915(e). If an amended complaint is not timely filed, this action shall
be dismissed for failure to state a claim upon which relief may be granted.
IT IS SO ORDERED.

Date: 9/22/2017

Distribution:
TRENA JOHNT'E LONG
609 South Shipley St.
Muncie, IN 47302