Philip v. Tews

Filing 12

ORDER vacating 6 Findings, Conclusions, and Recommendation; denying Motion to Appoint Counsel. (Ordered by Magistrate Judge Paul D Stickney on 7/29/2016) (ran)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
MANASSEH A. PHILIP,
Petitioner,
v.
LORIE DAVIS, Director, TDCJ-CID,
Respondent.

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No. 3:16-CV-985-D

ORDER
On May 5, 2016, the Court entered its Findings, Conclusions and Recommendation that
this case be dismissed for failure to pay the filing fee. On June 1, 2016, Petitioner paid the
required fee. The Court therefore VACATES its May 5, 2016, Findings, Conclusions and
Recommendation.
Petitioner filed a motion for appointment of counsel. Petitioner is not entitled to courtappointed counsel as a matter of right. Lopez v. Reyes, 692 F.2d 15, 17 (5th Cir. 1982). Rather,
the decision whether to appoint counsel for an indigent litigant rests within the sound discretion
of the trial court. See 28 U.S.C. § 1915(e)(1). Respondent has not yet filed an answer in this
case. The Court therefore denies Petitioner’s motion without prejudice as premature.
IT IS SO ORDERED.
Signed this 29th day of July, 2016.

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PAUL D. STICKNEY
UNITED STATES MAGISTRATE JUDGE