JOHN McBRYDE, District Judge
Came on for consideration the motion of plaintiff, Larry Powell, for appointment of counsel. The court, having considered the motion, the response of defendants Walter Kirby Newell and Geoff Whitt, the record, and applicable authorities, finds that the motion should be denied. The appointment of counsel is a privilege and not a constitutional right.Lopez v. Reyes, 692 F.2d 15, 17 (5th Cir. 1982). It should only be allowed in exceptional cases. Jackson v. Cain, 864 F.2d 1235, 1242 (5th Cir. 1989). Plaintiff has not shown that this is such a case.
The court ORDERS that plaintiff's motion for appointment of counsel be, and is hereby, denied.
ORDER
Came on for consideration the motion of plaintiff, Larry Powell, to serve previously unidentified defendant. The court finds that the motion should be granted as set forth herein. The court will give plaintiff an opportunity to seek leave to file a supplement to his complaint setting forth specifically his claims against T. Johnson, the previously unidentified counselor. The court anticipates that if the proposed supplement to the complaint meets the test of 28 U.S.C. § 1915A, such supplement will be allowed to be filed. Thereafter, an order for service would likely be made.
The court ORDERS that, if plaintiff wishes to proceed with claims against T. Johnson, he file, by 4:30 p.m. on June 6, 2003, an appropriate motion for leave to supplement his complaint.
ORDER DIRECTING CLERK OF COURT TO ISSUE WRIT OF HABEAS CORPUS AD TESTIFICANDUM
The court has determined that a writ of habeas corpus ad testificandum should be issued for plaintiff, Larry Powell, in order that he may appear before this court for the trial of the above-styled and numbered action at 9:00 a.m. on June 23, 2003. Therefore,
The court ORDERS that the clerk of the court be, and is hereby, ordered to issue a writ of habeas corpus ad testificandum in the form attached hereto as an exhibit to this order.
WRIT OF HABEAS CORPUS AD TESTIFICANDUM
TO: Harley G. Lappin, Director U.S. Department of Justice Federal Bureau of Prisons (hereinafter referred to as "Director") 320 First Street, N.W. Washington, D.C. 20534 and United States Marshal for the Northern District of Texas ("Marshal) United States Courthouse Fort Worth, Texas 76102
Pursuant to the order of the United States District Court for the Northern District of Texas:
1. Director is hereby commanded to bring Larry Powell, #27650-077 (hereinafter referred to as "Powell") (who is now in custody of Director at the U.S. Penitentiary, P. 0. Box 33, Terre Haute, Indiana 47808-0033) on June 23, 2003, at 8:30 a.m., to the United States Courthouse, 501 West 10th Street, Fort Worth, Texas, and there turn over custody of Powell to Marshal.
2. Marshal is hereby commanded to assume custody of Powell at the time and date mentioned in paragraph 1 above
and to produce him in the courtroom for the trial of the above-styled and numbered action at 9:00 a.m. on June 23, 2003, and at such other times and dates as may be directed by the court until the trial of such action has been concluded, and to remain in attendance in the courtroom during such trial. The trial is to be held in the fourth floor courtroom, United States Courthouse, Port Worth, Texas.
3. Marshal is hereby commanded to cause Powell to be held in a secure place in the Fort Worth, Texas, area until such trial has been concluded.
4. Upon conclusion of such trial, Marshal is commanded to return custody of Powell to Director, who is commanded to arrange to receive the return of custody of Powell at the United States Courthouse, Fort Worth, Texas, unless other mutually satisfactory arrangements are made between Director and Marshal for transfer of custody.
Copies of this writ shall be forwarded to all parties to this action.