Smith v. City of Corpus Christi Police Department et al, No. 2:2022cv00297 - Document 13 (S.D. Tex. 2023)

Court Description: OPINION AND ORDER denying Plaintiff's Request for Appointment of Counsel and Vacating Order for Conference and Disclosure(Signed by Magistrate Judge Julie K Hampton) Parties notified.(RochelleLimon, 2)

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Smith v. City of Corpus Christi Police Department et al Doc. 13 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION DEREK D. SMITH, Plaintiff, VS. CITY OF CORPUS CHRISTI POLICE DEPARTMENT, et al., Defendants. February 08, 2023 Nathan Ochsner, Clerk § § § § § CIVIL ACTION NO. 2:22-CV-00297 § § § § § OPINION AND ORDER DENYING PLAINTIFF’S REQUEST FOR APPOINTMENT OF COUNSEL AND VACATING ORDER FOR CONFERENCE AND DISCLOSURE Plaintiff Derek D. Smith, proceeding pro se, has filed this civil rights action pursuant to 42 U.S.C. § 1983. In a document labeled “Plaintiff’s Motion for Leave to File Amended Complaint,” Plaintiff requests that the Court appoint counsel. (D.E. 9, pg. 2). Plaintiff has been Ordered to file his Amended Complaint no later than February 24, 2023. (D.E. 12). This Court has yet to complete the 28 U.S.C. § 1915A screening process in this case, which may include a hearing under Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).. Accordingly, Plaintiff’s request for appointment of counsel (D.E. 9) is DENIED without prejudice to renew after the screening process has been completed. On December 15, 2022, the Court inadvertently entered an Order for Conference and Disclosure of Interested Parties. (D.E. 4). That order was prematurely issued because Plaintiff’s Amended Complaint has not been screened and no defendants have otherwise 1/2 Dockets.Justia.com been served in this case. Accordingly, the December 15, 2022 Order for Conference and Disclosure (D.E. 4) is VACATED. ORDERED on February 8, 2023. ____________________________ Julie K. Hampton United States Magistrate Judge 2/2

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