Nathan Rich v. Joe Roesch, et al.

Summary

The United States District Court for the Central District of Illinois dismissed Nathan Rich’s 42 U.S.C. § 1983 complaint without prejudice under Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. The court held that the claim against a state circuit clerk in his official capacity was an impermissible suit against the state, while allowing a final opportunity to amend. The court also denied Rich’s motion for appointed counsel without prejudice because he had not shown a reasonable effort to obtain counsel.

Holdings

1. A § 1983 claim against Joe Roesch in his official capacity is an impermissible suit against the State and therefore cannot proceed in federal court.
2. The complaint failed to state a claim and was dismissed without prejudice under Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A.
3. Plaintiff was not entitled to appointed counsel because he failed to demonstrate a reasonable attempt to obtain counsel independently.

Questions Presented

1. Whether the complaint stated a cognizable § 1983 claim against the state circuit clerk in his official capacity.
2. Whether the complaint should be dismissed under Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A.
3. Whether plaintiff was entitled to appointment of counsel under the Pruitt standard.

Disposition

dismissed