Opinion
No. 11 C 3180
December 05, 2011.
MEMORANDUM ORDER
When respondent Warden Marcus Hardy's counsel presented a motion to dismiss the Complaint brought by Daniel Duane ("Duane")—a Complaint that is an identical reprint of other inmates' complaints challenging virtually every aspect of the conditions at Stateville Correctional Center ("Stateville," where Duane is in custody)—this Court conducted a status hearing (with Duane participating telephonically) in which it initially stated its intention to grant that motion. But when Duane then stated that he had recently filed a response to the motion (a response that had not yet reached this Court's chambers), a decision on the motion was deferred pending this opportunity to review that response when received.
That has now taken place, and this Court has concluded that a reply from Warden Hardy is needed. It is so ordered, with the reply to be filed on or before December 27, 2011.
This Court had originally denied Duane's request for the appointment of counsel because of his failure to comply with the requirements for that relief. Importantly, such a supplicant must show not only his financial inability to pay counsel but also the efforts that he has undertaken to obtain counsel on his own.