St. Clair E. Miller v. Hyman Pleasure, M.D., as Superintendent of Middletown State Hospital, Middletown, New York

This is an appeal from Judge Sugarman’s order which allowed appellant to prosecute his pending action for false imprisonment in forma pauperis, but declined to assign counsel for his assistance. Appellant attempts to name the United States of America as appellee ; while this has no bearing on the ultimate outcome of the appeal, we see no reason for this, as the government has never been cited as a party and has no apparent interest in the case. Of course it has no liability for counsel assigned pursuant to the statute, 28 U.S.C. § 1915 (d). A further preliminary question concerns the…