Smith v. City of Corpus Christi Police Department

UNITED STATES DISTRICT COURT February 08, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk CORPUS CHRISTI DIVISION

DEREK D. SMITH, § § Plaintiff, § § VS. § CIVIL ACTION NO. 2:22-CV-00297 § CITY OF CORPUS CHRISTI POLICE § DEPARTMENT, et al., § § Defendants. §

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 / 2 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 Oy \ QQ United States Magistrate Judge 2/2