RUMPLE v. DEJOY

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

ANDREW WARREN RUMPLE, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02907-JPH-DML ) LOUIS DEJOY, ) ) Defendant. )

ORDER

Mr. Rumple has filed a complaint against his employer, the United States Postal Service, through Postmaster General Louis DeJoy. Dkt. 1. Mr. Rumple has moved to proceed in forma pauperis, dkt. [2], which the Court GRANTS. Mr. Rumple has also filed a motion requesting the Court to appoint him counsel, dkt. [3], which the Court DENIES. The Clerk is DIRECTED to send the plaintiff a motion for assistance recruiting counsel form with his copy of this Order. The Clerk is also DIRECTED to issue process to Defendant, and the U.S. Marshal is DIRECTED to serve the summons, complaint, and this Order to Defendant. I. Motion to Proceed In Forma Pauperis

Mr. Rumple's motion to proceed in forma pauperis, dkt. [2], is GRANTED. See 28 U.S.C. § 1915(a)(1). While in forma pauperis status allows Mr. Rumple to proceed without prepaying the filing fee, he remains liable for the full fees. Ross v. Roman Catholic Archdiocese of Chicago, 748 F. App’x 64, 65 (7th Cir. 2019) ("Under 28 U.S.C. § 1915(a), a district court may allow a litigant to proceed 'without prepayment of fees,' . . . but not without ever paying fees.") (emphases in original). No payment is due at this time.

II. Motion to Appoint 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, a litigant who is unable to afford counsel "may ask the court to recruit a volunteer attorney to provide pro bono representation." Id. (citing 28 U.S.C. § 1915(e)(1)). "Two questions guide a 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?'" Id. (quoting Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007) (en banc)). Here, Mr. Rumple has not demonstrated that he has "made a reasonable

attempt to obtain counsel" or that he has "been effectively precluded from doing so." This alone justifies denial of his motion. See Thomas v. Anderson, 912 F.3d 971, 978 (7th Cir. 2019). Mr. Rumple has also not argued that the case's complexity "exceeds [his] capacity as a layperson to coherently present it to the judge or jury himself." See Olson v. Morgan, 750 F.3d 708, 712 (7th Cir. 2014) (quoting Pruitt, 503 F.3d at 655). Therefore, without more to justify his request, Mr. Rumple's motion to appoint counsel, dkt. [3], is DENIED without prejudice. Mr. Rumple may renew his motion for the appointment of counsel by filling out the form motion for assistance with recruiting counsel that the Court will send to him along with his copy of this Order. The Clerk is DIRECTED to send the plaintiffa motion for assistance recruiting counsel form with his copy of this Order. III. Order Directing Service The Clerk is DIRECTED to issue process to Defendant under Fed. R. Civ. P. 4(c). The Marshal for this District or his Deputy SHALL SERVE the summons, together witha copy of the complaint, dkt. 1, and a copy of this Order, on the defendant and officials designated under Fed. R. Civ. P. 4(i), at the expense of the United States. IV. Conclusion Accordingly, Mr. Rumple's motion to proceed in forma pauperis, dkt. [2], is GRANTED, and his motion requesting appointment of counsel, dkt. [3], is DENIED. The Clerk is DIRECTED to send the plaintiff a motion for assistance recruiting counsel form with his copy of this Order. The Court also DIRECTS the Clerk to issue and the U.S. Marshal to serve process on the appropriate parties. SO ORDERED. Date: 12/1/2020 anus Patauck \+ James Patrick Hanlon United States District Judge 3 Southern District of Indiana

Distribution: ANDREW WARREN RUMPLE 6027 West 56th Street Indianapolis, IN 46254 POSTMASTER GENERAL LOUIS DEJOY 475 L'Enfant Plaza SW Washington, D.C. 20260 United States Attorney General Department of Justice 10th and Constitution Avenue, NW Washington, D.C. 20530 Office of the United States Attorney 10 West Market Street, Suite 2100 Indianapolis, IN 46204-3048