Opinion
3:23-CV-775-PPS-JEM
03-25-2024
NATHAN ANDERSON, Plaintiff, v. BRABBS, Defendant.
ORDER
JOHN E. MARTIN MAGISTRATE JUDGE
Nathan Anderson, a prisoner without a lawyer, filed a motion asking to be appointed counsel [DE 26]. “There is no right to court-appointed counsel in federal civil litigation.” Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014) (citing Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007)). However, in some circumstances, the Court may ask counsel to volunteer to represent indigent parties for free.
When confronted with a request under § 1915(e)(1) for pro bono counsel, the district court is to make the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?Pruitt v. Mote, 503 F.3d at 654.
Here, Anderson says he has attempted to obtain counsel on his own. He includes a copy of a letter from a law firm declining to take his case [DE 26-1]. That response was sent to Anderson before this Court screened his case. See [DE 26-1; DE 19]. Anderson has shown that he made some effort to obtain counsel on his own, but he has not demonstrated that he has mailed a copy of the screening order to ten attorneys along with a request for representation. Thus, Anderson has not yet demonstrated that he has made reasonable efforts to obtain counsel on his own. “If . . . the indigent has made no reasonable attempts to secure counsel . . ., the court should deny any [such requests] outright.” Jackson v. County of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992); see also Pruitt, 503 F.3d at 654; and Bracey v. Grondin, 712 F.3d 1012, 1016 (7th Cir. 2013).
For these reasons, the Court DENIES the motion for counsel [DE 26]. The Court DIRECTS the Clerk of the Court to send Nathan Anderson ten (10) copies of the screening order [DE 19] so he can include them with a letter to ten individual attorneys asking for representation.
SO ORDERED