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Guzman-Rivera v. Metropolitan Det., 97-1593 (1997)

Court: Court of Appeals for the First Circuit Number: 97-1593 Visitors: 2
Filed: Nov. 13, 1997
Latest Update: Mar. 02, 2020
Summary: ____________________, and Lynch, Circuit Judge.Hector Guzman-Rivera on brief pro se._____________ ____________________, Assistant United States Attorney, on brief for appellee.Thus, these issues no longer are live.constitutional claim.discretion in not appointing counsel to represent appellant.
USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 97-1593


HECTOR GUZMAN-RIVERA,

Plaintiff, Appellant,

v.

METROPOLITAN DETENTION CENTER, GUAYNABO, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Dominquez, U.S. District Judge] ___________________

____________________

Before

Selya, Circuit Judge, _____________
Campbell, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________

____________________

Hector Guzman-Rivera on brief pro se. ____________________
Guillermo Gil, United States Attorney, and Lilliam Mendoza Toro, _____________ ____________________
Assistant United States Attorney, on brief for appellee.


____________________

November 12, 1997
____________________
















Per Curiam. After carefully reviewing the record __________

and the briefs of the parties, we affirm the judgment of the

district court for essentially the reasons stated in its

Opinion and Order, dated March 31, 1997. We add three

comments.

First, most of appellant's claims are moot because

he either has received what he wanted or because he no longer

is subject to the conditions about which he complained.

Thus, these issues no longer are "live." See New Hampshire ___ _____________

Right to Life Political Action Comm. v. Gardner, 99 F.3d 8, _____________________________________ _______

17 (1st Cir. 1996). Second, the negligent loss of a

prisoner's property, such as books, does not implicate the

due process clause and thus is not enough to state a

constitutional claim. Daniels v. Williams, 474 U.S. 327, _______ ________

328, 332 (1986); Del Raine v. Williford, 32 F.3d 1024, 1043 _________ _________

(7th Cir. 1994) ("[t]he most that the record here discloses

with reference to lost or taken books is possible negligence ________

and that is not enough for a constitutional claim").

Finally, the district court did not abuse its

discretion in not appointing counsel to represent appellant.

In a civil case, counsel is required only in "exceptional

circumstances." DesRosiers v. Moran, 949 F.2d 15, 23 (1st __________ _____

Cir. 1991). Because this case did not involve any complex

issues of law or fact, it did not present such circumstances.





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Affirmed. See Local Rule 27.1. ________ ___



















































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Source:  CourtListener

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