UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

STEVEN ALLAN SHAWLEY, :

:

 Plaintiff : No. 4:CV-04-1189

:

vs. : Removal Petition Filed 6/02/04

:

CLINTON COUNTY BOARD OF : (Judge Muir)

COMMISSIONERS, et al., :

:

Defendants : 

ORDER

November 21, 2005

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On April 21, 2004, Plaintiff Steven Allen Shawley initiated

this case by filing a civil rights complaint pursuant to 42

U.S.C. § 1983 in the Court of Common Pleas of Clinton County. On

June 2, 2004, the Defendants removed the case to this court. By

order dated May 20, 2005, we granted the Defendants’ motion to

continue the trial in this case to the December, 2005, Trial

List. Shawley is an inmate currently incarcerated at the State

Correctional Institution at Frackville, Pennsylvania.

On November 17, 2005, Shawley filed a motion to appoint

counsel and a separate “Motion for Trial Postponement and

Enlargement of Time.” Because of the proximity of the scheduled

jury-drawing date, we will address both motions in this order

without requiring the parties to file any briefs in connection

with Shawley’s motions.

Case 4:04-cv-01189-MM Document 92 Filed 11/21/05 Page 1 of 4
1. The latter order addressed two of Shawley’s motions to

appoint counsel.

2

We first address Shawley’s motion to appoint counsel to

represent him, which is the fourth such motion filed by Shawley

in this case. We denied the prior three motions in our orders

dated July 1, 2004, and July 15, 2005.1 All but one of the

arguments raised in Shawley’s current motion to appoint counsel

were raised in Shawley’s prior motions. For the reasons stated

in our prior orders, none of those grounds entitles Shawley to

counsel appointed for him in this case.

The only new contention to consider is that Shawley 

is currently being treated for a mental condition and is

receiving 400 milligrams of seraquill that makes it hard to

concentrate and hinder[s] his abilities to conduct a proper

jury selection and a trial.

(Motion to Appoint Counsel, p. 4) Shawley fails to describe in

any detail whatsoever the “mental condition” for which he is

being treated. In the absence of such information, we cannot

assess what consequences, if any, Shawley would suffer if he

discontinued use of the medication to try this case. Also it is

possible medications could be entrusted to the Marshal for use if

Shawley is held nearby for the trial. We will require Shawley to

provide that information to the court, and will withhold ruling

on his motion to appoint counsel pending our review of that

information. We will also require the parties to file briefs in

connection with Shawley’s motion to appoint counsel. 

Case 4:04-cv-01189-MM Document 92 Filed 11/21/05 Page 2 of 4
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The remaining matter to address is Shawley’s motion to

continue this case for an unspecified period. Shawley seeks such

relief because, inter alia, he has very limited funds and is

allowed to spend up to only $10.00 each month for copying and

postal expenses. Shawley argues that the $10.00 limit is

hindering his ability to proceed in this case because he is

currently litigating a number of matters in various courts. 

We will continue this case for 3 months so that Shawley may

1) plan in advance the manner in which he will spend his monthly

postage and copying expenses, and 2) provide us with the required

information concerning his mental condition.

NOW, THEREFORE, IT IS ORDERED THAT:

1. Shawley shall, within 30 days after the date of this

order, inform the court of the specific mental

condition for which he is taking the medication

referenced in his motion to appoint counsel. Shawley’s

failure to comply with this paragraph may result in 1)

the denial of his motion to appoint counsel, and 2) the

dismissal of this case for Shawley’s failure to comply

with an order of this court and to prosecute this case.

2. Shawley shall, within 30 days after the date of this

order, file a brief in support of his motion to appoint

Case 4:04-cv-01189-MM Document 92 Filed 11/21/05 Page 3 of 4
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counsel. All subsequent briefing shall be in

accordance with the court’s local rules.

3. The parties’ briefs relating to Shawley’s motion to

appoint counsel shall address the issue of whether it

would be possible for Shawley’s medication to be

supplied locally during the trial.

4. Shawley’s motion to continue this case (Document 90) is

granted as provided in paragraph 3 of this order.

5. This case is continued to the March, 2006, Trial List.

s/Malcolm Muir 

MUIR, U.S. District Judge

MM:ga

Case 4:04-cv-01189-MM Document 92 Filed 11/21/05 Page 4 of 4