Day v. Ellison

Background

Roger Jerome Day sued Keith Ellison, Tim Walz, and Dan Ganin. He alleges that the defendants intentionally disseminated false information about him and his medical history on state government websites and obstructed his applications for disability accommodations. He seeks, among other things, an order requiring compliance with the Americans with Disabilities Act and a declaration that the defendants constitute a corrupt organization.

Day asked the court to refer him to the Federal Bar Association’s Pro Se Project. He said he had a disability that made him nearly unable to communicate with the court or potential lawyers in a timely and effective way. He filed the complaint without a lawyer and had not filed proof that any defendant had been served.

Referral Request

The court denied Day’s motion seeking referral to the Pro Se Project. It relied on cases stating that civil litigants have no constitutional right to appointed counsel, that the Americans with Disabilities Act does not require courts to provide legal counsel to people with disabilities, and that the court has no obligation to refer a self-represented litigant to the Pro Se Project. The court also noted that Day had not specifically identified the accommodations he needed beyond requesting a referral.

Service Deadline

The court observed that more than 146 days had passed since Day filed the complaint and that it appeared he had not served any defendant. Under Federal Rule of Civil Procedure 4(m), the court ordered Day to serve the complaint and file proofs of service within 30 days, by June 10, 2024. The court stated that if he failed to do so, it would recommend dismissal for failure to prosecute. The order did not itself dismiss the case.

Ruling

Judge Elizabeth Cowan Wright entered the order and denied Day’s motion. The order addressed the requested referral and service of process; it did not decide the merits of Day’s allegations against the defendants.