Opinion
Civil Action No. SA-04-CA-1165 NN.
June 7, 2005
ORDER AND OPINION DENYING PLAINTIFF'S CONSTRUED MOTION FOR APPOINTMENT OF COUNSEL (DOCKET ENTRY 18)
The matter before the court is plaintiff's construed motion for appointment of counsel (docket entry 18). After plaintiff's action was dismissed pursuant to Federal Rules of Civil Procedure 41(b) and 12(b)(6), plaintiff filed a one page document captioned "request motion for appeal." In his two paragraph pleading, plaintiff appears to request appointment of counsel on appeal and, similarly, appears to challenge the order dismissing his case.
See Docket Entries 15, 16.
Docket Entries 17, 18. Although plaintiff filed a single pleading, it was docketed twice — once as a notice of appeal (docket entry 17) and once as a request for appointment of counsel (docket entry 18).
As a preliminary matter, it is important to note that the court is without jurisdiction to reconsider its previous ruling. Because plaintiff filed a notice of appeal, as opposed to a motion for reconsideration, the court no longer has the authority to reconsider its previous ruling. While the court would have considered an appropriate motion for reconsideration, it is further noteworthy that plaintiff failed to state any cognizable basis for reconsideration in the instant motion. In addition, plaintiff did not assert any reason for his failure to comply with the court's previous order directing him to amend his complaint.
Similarly, plaintiff has failed to assert any valid basis for appointment of counsel. Plaintiff has already paid the requisite filing fees for his initial action and his appeal, and has not established that his financial situation requires appointment of counsel. Moreover, plaintiff's appeal is frivolous and, on that basis alone, counsel cannot be appointed in this action.
For all the foregoing reasons, plaintiff's construed request for appointment of counsel is, hereby, DENIED.
It is so ORDERED.