Along with his pro se complaint, McCaa filed a motion to appoint counsel. There is no right to court‐appointed counsel in federal civil litigation, but an indigent civil litigant may ask the district court to request an attorney to represent the liti‐ gant pro bono. 28 U.S.C. § 1915(e); Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007) (en banc). The district court properly con‐ strued McCaa’s motion to appoint counsel as a motion to re‐ cruit counsel under § 1915(e). Id. at 654.

In support of his motion for counsel, McCaa posited that the issues in the case are complex, with several different claims involving different sets of defendants, and that the suc‐ cess of these claims would come down to a credibility contest. McCaa also indicated that he has serious mental illnesses, a fifth‐grade reading level, little legal knowledge, and ex‐ tremely limited access—as a segregation inmate—to the law library and witnesses.   The district court denied the motion without prejudice, reasoning that: “McCaa appears able to coherently present his case. His filings demonstrate that he is able to communicate his positions and submit court papers as he requires or deems appropriate.” (R. 16 at 8.) McCaa filed a second motion to appoint counsel about a month later. In addition to his previous points, he noted that he has a learning disability, that he had been transferred to a new prison facility, and that he did not know where his wit‐ ness was located. The district court denied the motion, again without prejudice, writing: “Nothing has changed since the Court’s [last] order which would alter its result. The Court still finds that the plaintiff can adequately communicate his positions and submit court papers as he requires or deems ap‐ propriate.” (R. 26 at 1–2.) About two months after that denial, and after discovery began, McCaa brought his third motion for counsel. McCaa reiterated the competency and complexity points he had raised in his previous motions. To further support his claim that the case was complex, he noted that a second attorney had recently joined the defense team. He also indicated that he would have difficulty getting opposing counsel to produce documents now that the case was in the discovery stage.

friday:

1 bank. it's noow 330.
x n1 did. got 200. put 100 in checking. borrowed 300 line of credit.
x 2 buck.
he says tomorrow
x 3 20 minutes clean basement.
tommy did the front room, stairs and bathroom!
x 4 cable bill.
paid $110.
x 5 lawn mower/plaants
found lawn mower battery.
6 lock 1116.
did n't.
7 tommy memo. tommy chores.
8 discovery request in h + h. 3rd draft of counterclaim.
9 buy a lawn mower?
saturday clinic in morning.
sort storage unit.
rudi

6 other: bought hand pump for car ties $5
got flowers.
pitched sales at sunshine market, no bite yet.

what else did i get done? not sure.
found mouse poison.
mopped front hall.
put away dishes.
bath.
to do
memos
mike in nebraska,

still to do tonight
pump up tires
make copies.

saturay to o list

wheaton at ocon.
rie.
mow grass. ut stuff in storage unit.

did
put stuff in storage unit. found out more about radiator leak.
foun out re wheaton.
got mower going but could not go cut lots because van overheats.

so new plan forr day

pride
bath
laundry
buy phone
call mom

daily task list sunday

to do

did
church.
made a list.
cleaned front room 2 hours.
too much coffee. some leaves. cleaned the yard slightly.
food not bombs - brought blackberries an apples an coffee.
wooruff sale again, talked to x.

Bosart Brown Neighborhood Association will hold its monthly meeting the second Monday of each month at 6:30 p.m.:

Tuxedo Park Baptist Church
29 North Grant Ave., Indianapolis, Ind. 46201.

All neighbors are invited to attend to discuss matters important to our community.

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