Filed: Feb. 02, 2001
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 00-60040 Summary Calendar Civil Docket # 3:99-CV-118 _ LARRY WESLEY LAWRENCE, Plaintiff-Appellant, versus WILLIAM S. RICHARDSON; ROGER THOMAS; MIKE LANG; JERRY McNEECE; DELMAR W. BASS, SR.; GEORGE GRANT; BILL PATRICK; MICHAEL CUMMINS; JACK MAGEE; JOHN DOES; SURETY BONDING CO.; CASSANDRA HUGHES; DEBBIE GRAHAM, Defendants-Appellees. _ Appeal from the United States District Court for the Southern District of Mississippi _ February 1, 2001 B
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 00-60040 Summary Calendar Civil Docket # 3:99-CV-118 _ LARRY WESLEY LAWRENCE, Plaintiff-Appellant, versus WILLIAM S. RICHARDSON; ROGER THOMAS; MIKE LANG; JERRY McNEECE; DELMAR W. BASS, SR.; GEORGE GRANT; BILL PATRICK; MICHAEL CUMMINS; JACK MAGEE; JOHN DOES; SURETY BONDING CO.; CASSANDRA HUGHES; DEBBIE GRAHAM, Defendants-Appellees. _ Appeal from the United States District Court for the Southern District of Mississippi _ February 1, 2001 Be..
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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 00-60040
Summary Calendar
Civil Docket # 3:99-CV-118
_______________________
LARRY WESLEY LAWRENCE,
Plaintiff-Appellant,
versus
WILLIAM S. RICHARDSON; ROGER THOMAS; MIKE LANG;
JERRY McNEECE; DELMAR W. BASS, SR.; GEORGE GRANT;
BILL PATRICK; MICHAEL CUMMINS; JACK MAGEE; JOHN DOES;
SURETY BONDING CO.; CASSANDRA HUGHES; DEBBIE GRAHAM,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Mississippi
_________________________________________________________________
February 1, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
EDITH H. JONES, Circuit Judge:*
Larry Wesley Lawrence, Mississippi prisoner #46006,
appeals from the entry of final judgment pursuant to a jury verdict
for the defendants in his civil rights claim filed under 42 U.S.C.
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
§ 1983.
On appeal, he asserts that the district court erred by
denying him court-appointed counsel; by denying his request for the
issuance of subpoenas to certain free-world witnesses; and by
failing to enforce its discovery order for certain records from the
Scott County detention center. Finding no reversible error, we
affirm.
The court carefully considered the standards for
appointment of counsel in pro se civil rights cases and did not
abuse its discretion in denying Lawrence’s motion. Ulmer v.
Chancellor,
691 F.2d 208, 213 (5th Cir. 1982).
The court made no mistake in refusing to issue subpoenas
for which Lawrence did not pay the witness fee. The law affords no
subsidy to I.F.P. plaintiffs for this expense.
Finally, with regard to the defendants’ alleged failure
to produce documents, there is no docket entry reflecting that
Lawrence ever filed a motion to compel, while there is a docket
entry in which defendants certified their compliance with the order.
If these matters were discussed before or during trial and are in
the trial transcript, and if Lawrence felt that violation of
discovery orders occurred and prejudiced his ability to try the
case, he should have so stated in his requests for production of a
trial transcript at the government’s expense. Instead, he said
nothing about this claim in his motions for a transcript to the
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district court, to a single judge of this court, and to a 3-judge
panel on reconsideration. As a result, there is no record
substantiating his claim. Based on Lawrence’s continued lack of
explanation about the relevance or prejudice relating to these
documents in light of his specific claims, we will not at this late
date reconsider the motion for a government-paid transcript and
reject this point.
For these reasons, the district court judgment is
AFFIRMED.
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