Memorandum Concerning Appointment of Counsel



The procedures concerning cases in which a party has been permitted to proceed on appeal in forma pauperis are described in Title 28, United States Code, Section 1915(d). That section provides:

"The Court may request an attorney to represent any such person unable to employ counsel and may dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious."
Since you are proceeding in this action in forma pauperis, you may address a letter to this Court requesting the Court to appoint counsel to represent you. Although the Court ordinarily will not appoint counsel, it will give consideration to your request. However, in the event the Court, in considering your request for appointment of counsel, sould determine that your appeal is without merit, you should be aware that the Court may not only deny your motion, but also sua sponte (on the Court's own motion) issue an order to show cause why your appeal should not be dismissed. If a motion if filed by another party before the court rules on your motion for appointment of counsel, you must file any response to that motion within the time period requied by the rules.

If you elect to avail yourself of the opportunity to request the Court to appoint an attorney for you, your request must be received in the Clerk's Office within fifteen (15) days from the date of the attached order setting the initial schedule. Otherwise, the Court will assume that you plan to file the required documents on or before the date set in the order.

Notice A/C (April 1992)