Benjamin v. Does et al

Filing 26

ORDER signed by Magistrate Judge Nancy Joseph. IT IS ORDERED that Benjamin's motion to appoint counsel (ECF No. 25 ) is DENIED without prejudice. His motion to proceed in forma pauperis (ECF No. 23 ) is DENIED as moot. (cc: all counsel, via US Mail to Plaintiff) (ds)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
LESHAUN BENJAMIN,
Plaintiff,
v.

Case No. 18-CV-570

ALICIA SANCHEZ,
Defendant.

ORDER

Plaintiff Leshaun Benjamin, who is representing himself in this lawsuit under
42 U.S.C. § 1983, for the second time moves for appointment of counsel. (ECF No. 25.)
Chief District Judge Pamela Pepper denied Benjamin’s first motion for appointment
of counsel. (ECF No. 11.) Judge Pepper noted that the court must consider two factors
in deciding whether to exercise its discretion to recruit counsel: (1) whether Benjamin
made a reasonable attempt to obtain counsel on his own, and (2) whether Benjamin
is able to litigate the case himself, based on its complexity and difficulty. (ECF No. 11
at 9–10 (citing Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007)), and Navejar v. Iyola,
718 F.3d 692, 696 (7th Cir. 2013))).
Benjamin attaches letters from five attorneys or firms who declined to
represent him. (ECF No. 25-1.) He therefore satisfies the first Pruitt element. As to
the second element, he states that he cannot afford counsel, his case involves complex
issues, he is incarcerated, he has little knowledge of civil law, and he struggles with

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mental illness. (ECF No. 25.) Unfortunately, these concerns are not unique to this
plaintiff or this case. And there simply are not enough lawyers available and willing
to volunteer for every similar case. See Henderson v. Ghosh, 755 F.3d 559, 564 (7th
Cir. 2014).
I also recognize that Benjamin prepared this motion with the assistance of
another inmate, who he mentions in his motion. (ECF No. 25, ¶4.) It appears that
inmate may have assisted him in preparing his amended complaint, though the
complaint does not specify. Benjamin notes that he “will no longer be around” the
other inmate to receive his assistance. (Id.) For that reason, it may be appropriate to
revisit Benjamin’s request for assistance of counsel as this case proceeds. But this
case is still in the early stages of the proceedings, and the defendant has not yet been
served. As the case progresses, the legal and factual issues may become too complex
for Benjamin, his circumstances may change, or he may find himself unable to obtain
the information he believes he needs to prove his claims. Should that occur, it may be
appropriate to recruit counsel to represent the plaintiff. At this time, however, I will
DENY Benjamin’s motion.
Benjamin also requests to proceed in forma pauperis. (ECF No. 23.) On
April 30, 2018, Benjamin paid the full $400 civil filing fee. There are no other fees he
must pay at this time. His motion is therefore moot, and I will DENY it as such.

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THEREFORE, IT IS ORDERED that Benjamin’s motion to appoint counsel
(ECF No. 25) is DENIED without prejudice. His motion to proceed in forma
pauperis (ECF No. 23) is DENIED as moot.
Dated in Milwaukee, Wisconsin this 23rd day of July, 2020.
BY THE COURT:
s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge

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