OPINION OF THE COURT
John T. Spanos, Appellant, filed charges with the Equal Employment Opportunity Commission prior to October 6, 1971. On that date the Commission notified him by letter that in accordance with Section 1601.25a(c) of its Rules and Regulations he could, within 30 days of its receipt, institute a civil action in the appropriate District Court. Accordingly, on November 1, 1971, he presented a complaint
In its memorandum on the petition, the District Court observed that it was "reluctant to be obligated to any attorney by requesting him to voluntarily accept such an appointment until such time as it becomes obvious that an individual has presented a meritorious claim which he cannot adequately pursue prose." Accordingly, an order was entered on November 9, 1971 directing the Clerk of the District Court to file the complaint without payment of fees, costs or security and instructing the United States Marshal to make service at the expense of the United States. It denied the petition for the appointment of counsel without prejudice "to be renewed at such time as it appears that the petitioner has presented a meritorious claim which he cannot adequately pursue pro se."
Mr. Spanos then filed this appeal. It deals solely with alleged error committed by the District Court in denying his petition for the appointment of counsel. The question of the appealability of the order as final was not raised by the parties, but we consider it appropriate to deal with it in the margin.
The complaint of Mr. Spanos subsists in accordance with the District Court's order. Indeed, it has been answered by the Penn Central Transportation Company and the suit is at issue. Mr. Spanos can pursue it pro se in accordance with the Court's order.
The disposition of the petition was well within the discretion of the District Court and nothing in the way of abuse thereof has been shown or even alleged.
Insofar as the order of the District Court of November 9, 1971, denies the petition of Mr. Spanos for the appointment of counsel, it will be affirmed.