PERKINS v. ARAMARK

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION COREY PERKINS, ) ) Plaintiff, ) ) v. ) No. 2:19-cv-00265-JPH-DLP ) ARAMARK, et al. ) ) Defendants. ) ORDER GRANTING MOTION FOR ASSISTANCE RECRUITING COUNSEL On September 21, 2020, plaintiff Corey Perkins filed a motion for assistance recruiting counsel. Litigants in federal civil cases do not have a constitutional or statutory right to court- appointed counsel. Walker v. Price, 900 F.3d 933, 938 (7th Cir. 2018). Instead, 28 U.S.C. § 1915(e)(1) gives courts the authority to "request" counsel. Mallard v. United States District Court, 490 U.S. 296, 300 (1989). "Two questions guide [this] court's discretionary decision whether to recruit counsel: (1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so, and (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Walker, 900 F.3d at 938 (internal quotations omitted).

Mr. Perkins has contacted three attorneys with requests for pro bono representation without success. The Court finds this is a reasonable attempt. In light of the many discovery disputes that have arisen in this case, including the failure of IDOC officials to preserve evidence and the defendants' misrepresentations in their initial disclosures, see dkt. 97, pp. 4-6, the motion for assistance recruiting counsel, dkt. [119], is granted. The Court will attempt to recruit counsel on Mr. Perkins' behalf.

SO ORDERED.

Date: 9/28/2020 Sjamu Patrick anor James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: COREY PERKINS 194799 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels Electronic Service Participant — Court Only Christopher Douglas Cody HUME SMITH GEDDES GREEN & SIMMONS ccody @humesmith.com Marley Genele Hancock INDIANA ATTORNEY GENERAL marley.hancock @atg.in.gov Margo Tucker INDIANA ATTORNEY GENERAL [email protected] Georgianna Q. Tutwiler HUME SMITH GEDDES GREEN & SIMMONS gquinn @humesmith.com