Joyce C. MORGAN, Plaintiff-Appellant, v. KOPECKY CHARTER BUS COMPANY and Ken Kopecky, Defendants-Appellees

Morgan appeals from the district court’s order appointing counsel in this Title VII case without providing for attorneys’ fees and expenses on behalf of her counsel, Schulman. We dismiss the appeal.

I

For part of 1979, Morgan worked as a bus driver for the Kopecky Charter Bus Company (Kopecky) in San Diego. Kopecky discharged her on November 25, 1979. After her discharge, she filed an employment discrimination claim with the Equal Employment Opportunity Commission (EEOC). The EEOC investigated Morgan’s claim of sex discrimination, made a cause determination in her favor, and issued a right-to-sue letter. Morgan, proceeding in propria persona, then sued Kopecky under Title VII, 42 U.S.C. §§ 2000e to 2000e-17.

After filing suit, Morgan sought an attorney. She contacted a number of San Diego attorneys, only four of whom expressed any willingness to represent her, including the real party in interest to this action, Schulman. These attorneys, however, were unwilling to represent her strictly on a contingency fee basis, requiring instead either a continuing payment of fees or an advance retainer.

Morgan, however, was financially unable to meet either continuing or advance…