Dist. Ct. did not err in denying plaintiff-prisoner's motion "for leave to represent himself" (after Dist. Ct. had recruited counsel for plaintiff) in plaintiff's section 1983 action alleging that defendants-prison officials were deliberately indifferent to plaintiff's serious dental problems. Under 28 USC section 1654, party seeking to assert his statutory right of self-representation must clearly and unequivocally discharge any lawyer previously retained, and plaintiff in instant motion conditioned his request to represent himself on whether Dist. Ct. was persuaded by brief filed by plaintiff's counsel that had been submitted in response to defendant's pending summary judgment motion. As such, Dist. Ct. properly denied plaintiff's motion because it was not unequivocal request for self-representation.
Federal 7th Circuit Court
Civil Court
Prisoners