Filed: Apr. 09, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40704 Conference Calendar _ SHANE EDWARD BISHOP, Plaintiff-Appellant, versus JEFF HENSLEY, et al., Defendants, DOUG LEE, Denton County Detention Officer, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:94-CV-98 - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Shane Edward Bishop has appealed the dist
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40704 Conference Calendar _ SHANE EDWARD BISHOP, Plaintiff-Appellant, versus JEFF HENSLEY, et al., Defendants, DOUG LEE, Denton County Detention Officer, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:94-CV-98 - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Shane Edward Bishop has appealed the distr..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40704
Conference Calendar
__________________
SHANE EDWARD BISHOP,
Plaintiff-Appellant,
versus
JEFF HENSLEY, et al.,
Defendants,
DOUG LEE, Denton County Detention Officer,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:94-CV-98
- - - - - - - - - -
April 19, 1996
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Shane Edward Bishop has appealed the district court's denial
of his motion for appointment of counsel. An interlocutory order
denying the appointment of counsel in a civil rights action may
be immediately appealed. Robbins v. Maggio,
750 F.2d 405, 413
(5th Cir. 1985). A trial court is not required to appoint
counsel for an indigent plaintiff asserting a claim under 42
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-40704
-2-
U.S.C. § 1983 unless exceptional circumstances exist. Ulmer v.
Chancellor,
691 F.2d 209, 212 (5th Cir. 1982). A district court
has the discretion to appoint counsel for a plaintiff proceeding
pro se if doing so would advance the proper administration of
justice.
Id. at 213.
A review of the district court's order, which reveals that
it considered the four Ulmer factors, as well as of the record on
appeal and Bishop's brief, demonstrates that the court did not
abuse its discretion by refusing to appoint counsel for Bishop in
this case.
Bishop has also moved for the appointment of counsel in this
appeal. Because the issues presented in this appeal are limited
to the denial of Bishop's appointment-of-counsel motion in the
district court, appointment of counsel is not warranted in this
appeal. He has also filed motions to strike the appellee’s
response brief and to file a reply brief out of time. Neither
motion has any bearing on the issues before the court.
AFFIRMED.
MOTIONS DENIED.