Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Thomas M. Durkin Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 5068 DATE 2/11/2013

CASE

TITLE

Theresa Johnson vs. Beach Park School District

DOCKET ENTRY TEXT

Plaintiff’s motion for appointment of counsel [59] is denied without prejudice. This case, including

plaintiff’s motion to extend the discovery schedule [54], is referred to Magistrate Judge Brown for discovery

supervision and settlement. The referral includes the authority to set all appropriate discovery deadlines. 

O[ For further details see text below.] Docketing to mail notices.

STATEMENT

This is plaintiff's seventh request for appointed counsel. The previous requests were before Judge Conlon. 

This case has since been reassigned to this court. In her prior requests for appointment of counsel, plaintiff

indicated that she was unable to adequately represent herself because of financial and medical difficulties. 

Specifically, she indicated that she was hospitalized for an infection of her finger, which had not fully healed. 

The court denied her motion without prejudice, finding that appointment of counsel was not warranted at that

time. Relevant to the court’s consideration was plaintiff’s financial affidavit that indicated that she was

above the poverty guidelines set by the U.S. Department of Health and Human Services. Also relevant was

plaintiff’s representation that she had retained counsel in another pending lawsuit, Johnson v. Zion School

District, No. 12 CV 5067. Additionally, the court noted that despite her financial and medical difficulties,

plaintiff had competently and actively represented herself in the proceedings thus far. The court also stated

that plaintiff had a post-graduate education, and her claims were not overly complex. 

Plaintiff has renewed her request for appointed counsel, citing her finger injury, which plaintiff indicates

makes it difficult for her to write. She also states that she suffers from plantar fasciitis, a condition that

makes it difficult to walk and may keep her from appearing in court. 

The court has considered these issues, but finds that appointment of counsel is not warranted at this time. 

Civil litigants have no constitutional or statutory right to counsel in federal court. Jackson v. Kotter, 541

F.3d 688, 700 (7th Cir. 2008). The court may nevertheless in its discretion appoint counsel for an indigent

civil litigant. Id. In deciding whether to appoint counsel, the court first examines whether the indigent

litigant “‘has made reasonable efforts to retain counsel and was unsuccessful or that the indigent was

effectively precluded from making such efforts.” Gil v. Reed, 381 F.3d 649, 656 (7th Cir. 2004) (quoting

Jackson v. County of McLean, 953 F.2d 1070, 1072 (7th Cir. 1992)). In her motion, plaintiff indicates that

she has attached a list of organizations that she has contacted seeking representation, but in fact no list is

12C5068 Theresa Johnson vs. Beach Park School District Page 1 of 2
STATEMENT

attached. In her prior request for counsel [17], she listed several organizations that she contacted who

presumably declined to represent her. 

The court next considers both “the difficulty of the plaintiff’s claims and the plaintiff’s competence to litigate

those claims [herself].” Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007). As the court has previously

indicated, plaintiff’s claims are not so complicated that she cannot develop and present them without

appointed counsel. Plaintiff has further demonstrated that she is capable of litigating her claims herself. This

court is mindful of plaintiff’s medical difficulties and will keep these considerations in mind as the case

progresses. But plaintiff has adequately represented herself thus far and appears capable of litigating her

claims now. 

Plaintiff has also moved to extend the discovery deadline, citing the injury to her hand which has not fully

healed [54]. The court refers this motion to Magistrate Judge Brown. Magistrate Judge Brown previously

decided certain discovery motions [36, 38]. The court also refers the case to Judge Brown for discovery

supervision and settlement. The referral includes the authority to set all discovery deadlines. 

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