Robinson v. Merriman et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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JARROD ROBINSON, #M34062,
Plaintiff,
v.
JERARD MERRIMAN, AMANDA SMITH,
ROGER SULLIVAN, CALVIN PIND, and
CARL HARMON,
Defendants.
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Case No. 24-cv-1681-RJD
ORDER
DALY, Magistrate Judge:
This matter comes before the Court on multiple motions filed by Plaintiff. 	Plaintiff,
currently incarcerated within the Illinois Department of Corrections, filed this lawsuit pro se and
in forma pauperis pursuant to 42 U.S.C. §1983. 	Doc. 2. 	He alleges that his Eighth Amendment
rights were violated at Shawnee Correctional Center in December 2023 and January 2024. 	Doc.
11. 	In Count I, Plaintiff alleges that Defendant Smith allowed him access to objects that he could
use for self-harm while he was on suicide watch. 	Id. 	Count II of the Complaint is an excessive
force claim against Defendants Merriman, Sullivan, Pind, and Harmon regarding an alleged assault
that occurred January 17, 2024. 	Id.
Plaintiff’s Motion to Preserve Video Footage 	(Doc. 33)
Plaintiff asks the Court to order Defendants to preserve video footage of the alleged assault
on January 17, 2024. 	Doc. 33. 	Defendants filed a response that explains four videos and four
images from the events on January 17, 2024 have been preserved and are available for Plaintiff to
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review. 	Doc. 35. 	Based upon Defendants’ representations, Plaintiff’s Motion (Doc. 33) is
DENIED AS MOOT.
Plaintiff’s Motion to Issue Subpoenas (Doc. 36)
Local Rule 45.1(a) provides that a pro se party may request blank, unsigned subpoenas
from the Clerk’s Office. 	The pro se party must then “complete the forms and file a motion…for
an Order authorizing the issuance of the requested subpoenas for specific witnesses or
documents….[t]he motion must address the relevancy of the subject persons or documents.”
SDIL L.R. 45.1(b). 	Plaintiff’s motion (Doc. 36) requests four blank, unsigned subpoenas and
informs the Court that he is aware he must then file another Motion to issue the subpoenas. The
Clerk of Court is directed to send Plaintiff four blank, unsigned subpoenas.
Plaintiff’s Motion to Recruit Counsel
Plaintiff asks the Court to recruit him an attorney, explaining that he has serious mental
illnesses and cannot conduct legal research and investigate the facts of this case because he is in
prison. 	He further contends that the issues in this case are complex and a lawyer would help him
“apply the law properly in briefs.” 	When presented with a request to recruit counsel, the Court
makes the following inquiries: (1) has the indigent plaintiff made a reasonable attempt to obtain
counsel or effectively been precluded from doing so, and (2) given the difficulty of the case, does
the plaintiff appear competent to litigate it himself. 	Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir.
2007).
The record reflects that Plaintiff made reasonable attempts to find an attorney. 	Doc. 34,
p. 2. 	At this time, however, the Court sees no indication that Plaintiff cannot competently litigate
this case on his own behalf. 	Despite Plaintiff’s mental illnesses and continued incarceration, he
nonetheless exhibits the ability to read and understand Court rules. 	See, e.g., Doc. 36. 	Though
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Plaintiff refers to complex issues in this matter, all that is required of Plaintiff through the
discovery and dispositive motion stages is to recount the events that occurred at Shawnee in
December 2023 and January 2024. 	Consequently, Plaintiff’s Motion for Recruitment of Counsel
is DENIED WITHOUT PREJUDICE. 	Plaintiff may renew if he encounters a specific situation
or Court obligation for which he believes he cannot handle on his own behalf.
IT IS SO ORDERED.
DATED: 	November 13, 2025
s/ 	Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge
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