This section contains the nature of the case and procedural background.

Bothwell (P), who at the time was incarcerated at the Hastings Correctional Center, submitted a request to proceed in forma pauperis in filing a civil complaint against Republic (D) and a motion for appointment of counsel. P alleged that he 'immediately ceased' purchasing and smoking factory-manufactured cigarettes after Congress enacted the Federal Cigarette Labeling and Advertisement Act of 1969. P switched to 'roll your own' cigarettes. Ds produce and distribute shredded, 'loose' tobacco which P used in making his 'roll your own' cigarettes. P switched to loose products because the government had not mandated warning labels on loose tobacco and because Ds had not voluntarily issued such warnings, and thus those products were not harmful or hazardous. P suffered from emphysema, asthma, heart disease, and 'bronchial and other respiratory diseases.' The truth was the loose tobacco products he had been using 'were stronger than factory produced cigarettes and were twice as harmful and deadly.' The court granted P's request for appointment of counsel and ordered issuance of summons. The court appointed Paula Metcalf as P's counsel. Metcalf then filed a 'Statement of Appeal.'

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