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Thursday, November 21, 2024

Case activity for Jose Suarez vs Goeins on Dec. 23

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The U.S. District Court for the Southern District of Illinois reported the following activities in the suit brought by Jose Suarez against Aloson, Doctor Austin, Doctor Malpani, Doctor Pitman and Goeins on Dec. 23.

'Complaint Against All Defendants Filed By Jose Suarez.(jaj)'

'Motion For Leave To Proceed In Forma Pauperis By Jose Suarez. (jaj)'

'Motion For Recruitment Of Counsel By Jose Suarez. (jaj)'

'Notice From Clerk Instructing Plaintiff To File Notice And Consent To Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant To Administrative Order No. 257, Within 21 Days Of This Notice, You Must File The Attached Form Indicating Your Consent To Proceed Before A Magistrate Judge Or An Affirmative Declination To Consent. Consent/non-consent To U.s. Magistrate Judge Jurisdiction Form Sent To Plaintiff On 12/23/2020. Consent Due By 1/13/2021 (jaj)'

'Notice And Order: The Court Has Received Your Complaint And Your Motion To Proceed Without Prepayment Of The Filing Fee. Your Case Number Is 20-1363-smy. The Following Is Some Information You Should Know Regarding The Initial Stages Of Your Lawsuit. After Your Filing Fee Status Is Determined, The Court Will Review Your Complaint To Identify Legally Sufficient Claims And Defendants And Dismiss Any Legally Insufficient Claims. See: 28 U.s.c. Sec. 1915a. The Court Will Conduct This Review Within The Next 60 Days And Inform You Of The Findings In A Merit Review Order. No Other Action Will Be Taken In Your Case During This Time, Absent Extraordinary Circumstances. Therefore, You Do Not Need To Submit Any Evidence, Argument, Motions, Or Other Documents. If You Filed A Motion For Recruitment Of Counsel Along With Your Complaint, It Will Not Be Considered Until The Merit Review Is Complete. Please Note That Any Motion For Recruitment Of Counsel Must Include Evidence Of Your Own Efforts To Find Counsel, Such As A List Of The Attorneys You Contacted And Copies Of Letters You Sent Or Received. See Pruitt V. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If You Do Not Receive A Merit Review Order Within The Next 60 Days, You May File A Motion Requesting The Status Of Your Case. In The Event Your Claim(s) Survive The Merit Review, Further Information And Instruction Will Be Provided To You At That Time. In Addition, Several Administrative Matters Warrant Mention. Any Communication Directed To The Court Should Be In The Form Of A Motion Or Other Pleading And Not A Letter. All Mail Should Be Sent To: Clerk's Office, U.s. District Court, 750 Missouri Avenue, East St. Louis, Il 62201. Finally, You Are Advised That If Your Address Changes, You Must Notify The Court Within Seven Days Of The Change By Filing A Notice Of Change Of Address. Failure To Do So Could Result In The Dismissal Of Your Case. Signed By Judge Staci M. Yandle On 12/23/2020. (jaj)this Text Entry Is An Order Of The Court. No Further Documentation Will Be Mailed.'

'Order. Plaintiff's Motion For Recruitment Of Counsel (doc. 3 ) Is Denied. The Court Generally Will Not Consider Recruiting Counsel For A Pro Se Plaintiff Until The Court Conducts A Preliminary Review Of The Complaint Under 28 U.s.c. § 1915a, Which Requires The Court To Screen Prisoner Complaints To Filter Out Nonmeritorious Claims. 28 U.s.c. § 1915a(a). Civil Litigants Do Not Have A Constitutional Or Statutory Right To Counsel. Pruitt V. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A District Court Considering An Indigent Plaintiff's Request For Counsel Must First Consider Whether The Plaintiff Has Made Reasonable Attempts To Secure Counsel On His Own Or Been Effectively Precluded From Doing So; And, If So, Whether The Difficulty Of The Case Factually And Legally Exceeds His Capacity As A Layperson To Present It. Id. At 654-655. The First Prong Of The Analysis Is A Threshold Question. If A Plaintiff Has Not Made A Reasonable Attempt To Obtain Counsel On His Own, The Court Should Deny The Request. Id. At 655. Here, Plaintiff Has Not Demonstrated Reasonable Efforts To Locate Counsel On His Own, And, Therefore, After Consideration Of The Pruitt Factors, The Motion For Recruitment Of Counsel Is Denied. If Plaintiff's Complaint Survives Section 1915a Review, He May Renew His Request For Counsel, Attaching Rejection Letters From At Least 3 Attorneys, To Demonstrate That He Has Made Reasonable Efforts To Obtain Counsel On His Own. Signed By Judge Staci M. Yandle On 12/23/2020. (ksp)this Text Entry Is An Order Of The Court. No Further Documentation Will Be Mailed.'

Case number 3:20-cv-01363-SMY was filed in the U.S. District Court for the Southern District of Illinois on Dec. 23.

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