Blue et al v. Farm, Inc., The et al

Filing 9

MEMORANDUM AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis; granting in part and denying in part 7 Motion for Reconsideration. Signed by Magistrate Judge Kenneth G. Gale on 6/11/2013.Mailed to pro se party Anita Blue, Nicholas Blue by regular mail. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ANITA K. BLUE,
NICHOLAS BLUE,

)
)
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Plaintiffs, )
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vs.
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T.F.I., THE FARM INC. et al.,
)
)
Defendants. )
)

Case No. 13-1132-JTM-KGG

ORDER ON MOTION TO RECONSIDER
MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES AND
MOTION FOR APPOINTMENT OF COUNSEL
In conjunction with their federal court Complaint, Plaintiffs filed a Motion
to Proceed Without Prepayment of Fees (IFP Application, Doc. 3, sealed), with an
accompanying Affidavit of Financial Status (Doc. 3-1), as well as a Motion for
Appointment of Counsel.1 (Doc. 4.) In ruling on these motions, the Court
recommended that the IFP application be denied, while denying the motion for
counsel. (Docs. 5, 6.)
The Court previously held that Plaintiff failed to establish that her access to

1

Although there are two named Plaintiffs, a supporting financial affidavit has
been submitted for only one of them, Anita Blue. Based on information contained in the
Complaint, however, the Court surmises that the second named Plaintiff, Nicholas Blue,
is Plaintiff’s adult son who has been diagnosed with autism. Although he is not listed as
Plaintiff’s dependent, for purposes of this motion the Court will assume that he does not
contribute to the household income in any significant manner.

the courts would otherwise be seriously impaired if she is not granted IFP status.
Based on the information provided in Plaintiff’s financial affidavit, her monthly
income from Social Security appeared to exceed her stated monthly expenses by
almost $600.00. Plaintiff’s motion to reconsider provides sufficient additional
information regarding Plaintiff’s expenses, medical bills, and consumer debts
(see Doc. 7) for the Court to determine that the Motion to Reconsider should be
GRANTED in regard to Plaintiff’s IFP application.
In regard to the request for reconsideration of the Motion for Appointment
of Counsel, Plaintiff has again failed to provide the Court with any basis to
distinguish herself from the many other untrained individuals who represent
themselves pro se in Courts throughout the United States on any given day. In
support of the motion to reconsider, Plaintiff merely contends that she “is not an
Attorney, and cannot afford to hire an Attorney in this matter.” (Doc. 7, at 1.) She
also states that she “needs an Attorney, appointed by the Court to bring a just a fair
end to this matter.” (Id.) As the Court indicated previously, although Ms. Blue is
not trained as an attorney, and while an attorney might present the case more
effectively, this fact alone does not warrant appointment of counsel. The Court
reiterates that the factual and legal issues in this case are not unusually complex.
Cf. Kayhill v. Unified Govern. of Wyandotte, 197 F.R.D. 454, 458 (D.Kan. 2000)
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(finding that the “factual and legal issues” in a case involving a former employee’s
allegations of race, religion, sex, national origin, and disability discrimination were
“not complex”). As such, Plaintiff’s Motion to Reconsider is DENIED in regard
to Plaintiff’s request for counsel.
IT IS THEREFORE ORDERED that Plaintiff’s “Motion to Reconsider
Motion to Proceed Without Prepayment of Fees and Motion for Appointment of
Counsel” (Doc. 7) is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that Plaintiffs’ motion for IFP status (Doc.
3, sealed) and correlating portion of the Motion to Reconsider (Doc. 7) be
GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ Motion to Reconsider is
DENIED in regard to the portions relating to Plaintiff’s request for counsel. (Doc.
7.)
IT IS FURTHER ORDERED that the Clerk’s office shall proceed to issue
summons in this case.
IT IS SO ORDERED.
Dated at Wichita, Kansas, on this 11th day of June, 2013.
S/ KENNETH G. GALE

KENNETH G. GALE
United States Magistrate Judge
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