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Juarez-Cabrera v. Hollo

United States District Court, N.D. Indiana, Fort Wayne Division

May 13, 2015

LUIS JUAREZ-CABRERA, Plaintiff,
v.
ROBER HOLLO, et al., Defendants.

OPINION and ORDER

SUSAN COLLINS, Magistrate Judge.

Luis Juarez-Cabrera, a pro se prisoner, filed a letter, asking the Court to appoint him an attorney in this 42 U.S.C. § 1983 excessive force case. (DE 28). "[T]here is no constitutional or statutory right to court-appointed counsel in federal civil litigation...." Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). However, in some circumstances, the Court may ask an attorney to volunteer to represent indigent parties.

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?

Id. at 654. Here, Juarez-Cabrera gives no indication that he has made any attempt 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. Cnty. of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992); see also Bracey v. Grondin, 712 F.3d 1012, 1016 (7th Cir. 2013); Pruitt, 503 F.3d at 654; Romanelli v. Suliene, 615 F.3d 847, 852 (7th Cir. 2010).

Accordingly, the motion will be denied with leave to re-file after Juarez-Cabrera has sent a copy of this Court's screening order (DE 27) to ten attorneys, along with a letter requesting that they represent him. Then he needs to wait a reasonable length of time before asking this Court to attempt to recruit a lawyer to represent him for free. If he files such a request, he needs to attach whatever responses he has received. Until then, Juarez-Cabrera will continue to proceed with this case pro se.

For the foregoing reasons, the Court DENIES Juarez-Cabrera's request for counsel (DE 28) and DIRECTS the Clerk to send him ten copies of the screening order (DE 27).

SO ORDERED.


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