Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Samuel Der-Yeghiayan Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 50276 DATE 7/31/2012

CASE

TITLE

Frederick Lee Walker (B-34246) vs. Salvador Godinez, et al.

DOCKET ENTRY TEXT

For the reasons stated below, Plaintiff’s motion for leave to proceed in forma pauperis [3] is denied. Plaintiff

is given until September 7, 2012 to either pay the filing fee or file an accurately and properly completed in

forma pauperis application form with the required certified copy of his trust fund account statement. 

Plaintiff is warned that if he fails to pay the filing fee or file an accurately and properly completed in forma

pauperis application form with the required certified copy of his trust fund account statement by September

7, 2012, this case will be dismissed. Plaintiff’s motion to compel [4] is denied without prejudice. Plaintiff’s

motion for appointment of counsel [7] is denied. 

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

STATEMENT

This matter is before the court on Plaintiff Frederick Lee Walker’s (Walker) motion for leave to

proceed in forma pauperis and motion for appointment of counsel. Walker indicates on his in forma

pauperis application form that he is currently incarcerated, but Walker has failed to provide the court with a

certified copy of his prison trust account statement, as required by 28 U.S.C. § 1915(a)(2). Therefore, the

motion for leave to proceed in forma pauperis is denied. Walker is given until September 7, 2012 to either

pay the filing fee or file an accurately and properly completed in forma pauperis application form with the

required certified copy of his trust fund account statement. Walker is warned that if he fails to pay the filing

fee or file an accurately and properly completed in forma pauperis application form with the required

certified copy of his trust fund account statement by September 7, 2012, this case will be dismissed. 

The court notes that Walker has submitted a letter to the court, requesting that the court compel the

Pontiac Correctional Center and its officers to furnish Walker with a certified copy of his prison trust account

statement. However, Walker has not provided sufficient justification for such an order at this juncture. 

Therefore, to the extent Walker’s letter can be liberally construed as a motion to compel, such motion is

denied without prejudice. If Walker is unable to obtain a certified copy of his prison trust account statement

12C50276 Frederick Lee Walker (B-34246) vs. Salvador Godinez, et al. Page 1 of 3
STATEMENT

by the deadline set by the court, Walker should furnish evidence showing he has made a proper request for

his certified copy of his prison trust account statement and evidence of the prison’s refusal to furnish it,

including evidence showing Walker has complied with the prison’s internal grievance procedures related to

the matter. 

Walker also seeks an appointment of counsel. An indigent civil litigant does not have a right to

appointed counsel. Forbes v. Edgar, 112 F.3d 262, 264 (7th Cir. 1997). However, a court, in its discretion,

can appoint counsel for indigents in a civil action pursuant to 28 U.S.C. § 1915(e)(1). In determining

whether to appoint counsel for a civil litigant, a court must consider the following factors: “(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 647, 654, 661 (7th Cir. 2007)(stating that there is no presumption in favor of

granting or denying a motion for appointment of counsel and that each motion is to be considered

individually). In considering the competency factor, the court must determine “whether the difficulty of the

case-factually and legally-exceeds the particular plaintiff’s capacity as a layperson to coherently present it to

the judge or jury himself.” Id. at 655 (stating that “[t]he question is not whether a lawyer would present the

case more effectively than the pro se plaintiff; ‘if that were the test, district judges would be required to

request counsel for every indigent litigant’”)(quoting Johnson v. Doughty, 433 F.3d 1001, 1006 (7th Cir.

2006)). In assessing competency, the court must consider “whether the plaintiff appears competent to litigate

his own claims, given their degree of difficulty, and this includes the tasks that normally attend litigation:

evidence gathering, preparing and responding to motions and other court filings, and trial.” Id. (emphasis

omitted). In ruling on a motion for appointment of counsel, the court should take into consideration “the

plaintiff’s literacy, communication skills, educational level, and litigation experience” and evaluate

“evidence in the record bearing on the plaintiff’s intellectual capacity and psychological history,” including

“any information submitted in support of the request for counsel, as well as the pleadings, communications

from, and any contact with the plaintiff.” Id. (stating that “in some cases-perhaps many cases-the record may

be sparse” and that “[t]he inquiry into the plaintiff’s capacity to handle his own case is a practical one, made

in light of whatever relevant evidence is available on the question”).

12C50276 Frederick Lee Walker (B-34246) vs. Salvador Godinez, et al. Page 2 of 3
STATEMENT

Walker’s case does not appear overly complex or difficult, factually or legally. The court has

considered the entire record in this case at this juncture, as it reflects on Walkers’s ability to coherently

present his case as a layperson and his ability to perform the tasks that normally attend litigation. The court

concludes that, based upon the record, Walker is competent to present his case without the assistance of

appointed counsel. Therefore, the court finds that an appointment of counsel is not warranted at this juncture,

and the court denies the motion for appointment of counsel.

12C50276 Frederick Lee Walker (B-34246) vs. Salvador Godinez, et al. Page 3 of 3