Case: 13-5031 Document: 13 Page: 1 Filed: 07/01/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
CLARENCE GANAWAY,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2013-5031
__________________________
Appeal from the United States Court of Federal
Claims in No. 12-CV-0654, Judge Francis M. Allegra.
__________________________
ON MOTION
__________________________
PER CURIAM.
ORDER
Clarence Ganaway moves for reconsideration of the
court’s February 15, 2013 order dismissing his case for
failure to pay the required docketing fee, and moves for
leave to proceed in forma pauperis and for appointment of
counsel. The United States opposes.
Case: 13-5031 Document: 13 Page: 2 Filed: 07/01/2013
CLARENCE GANAWAY v. US 2
Pursuant to 28 U.S.C. § 1915(e)(1), this court may ap-
point an attorney to represent a litigant in federal court,
but there is no automatic right to appointment of counsel
in a civil case; the authority is discretionary. See Castro
Romero v. Becken, 256 F.3d 349, 353-54 (5th Cir. 2001).
Under the circumstances presented here, we do not see
the need to exercise this court’s discretion to appoint
counsel to Mr. Ganaway.
Accordingly,
IT IS ORDERED THAT:
(1) Ganaway is directed to complete and return the
enclosed “Motion and Declaration for Leave to Proceed In
Forma Pauperis” and “Supplemental In Forma Pauperis
Form for Prisoners” forms. If Ganaway does not submit
the enclosed forms within 30 days from the date of filing
of this order his motion for reconsideration will be denied.
(2) Ganaway’s request for appointment of counsel is
denied.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
cc: Clarence Ganaway (Federal Circuit Forms 6 and 6A
enclosed)
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