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BAILEY v. LAWFORD

October 21, 1993

RUSSELL BAILEY, Plaintiff,
v.
SCOTT LAWFORD; AND FIVE UNKNOWN SAN DIEGO POLICE OFFICERS; BOB BURGREEN; AND CITY OF SAN DIEGO, Defendants.


Brewster


The opinion of the court was delivered by: RUDI BREWSTER

Plaintiff has filed a "Request for Court Appointed Attorney in Civil Action." For the following reasons, the court hereby DENIES plaintiff's request.

 I. Procedural History

 On August 12, 1993, plaintiff filed a complaint for damages and injunctive relief, alleging civil rights causes of action under 42 U.S.C. §§ 1983, 1985, and 1986, constitutional violations, and intentional infliction of emotional distress. He also filed a request for appointment of counsel, claiming that he "has repeatedly made efforts to proceed in the court as a pro se, but has continual problems of form and procedure of which he can not over come." On the same day, plaintiff's application to proceed in forma pauperis was granted by the Honorable Judith N. Keep, Chief Judge.

 II. FACTUAL BACKGROUND

 The second instance allegedly occurred on July 28, 1992, at 7:30 a.m. Plaintiff alleges that "Three Unknown San Diego Police Officers" arrested plaintiff, demanded his identification and detained his identification card without cause. Plaintiff claims that he sound-recorded the conversation and that the officers' badge numbers were #1860, #2734, and #2644.

 III. Discussion

 A. Legal Requirements for Appointment of Counsel

 Under 28 U.S.C. § 1915(a) (1993), a court can authorize the commencement of an action without prepayment of fees.

 Section (a) states:

 
Any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor. . . .

 Once such a showing of indigence is made, the court has discretion to appoint counsel under 28 U.S.C. § 1915(d) (1993). Section (d) states:

 
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 ...

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