Staten v. Hickson, et al

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20184
Summary Calendar
JOHNNY DWAYNE STATEN,
Plaintiff-Appellant,
versus
ARRON E. HICKSON, Major; T. HENDERSON, Captain;
OFFICER DICKSON,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-1026
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September 21, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Johnny Dwayne Staten (#682286), a state prisoner, has
appealed the district court's order denying his Fed. R. Civ. P.
60(b) motion. The order is reviewed for an abuse of discretion.
See Maddox v. Runyon, 139 F.3d 1017, 1019 (5th Cir. 1998).
This court's sanction order in Staten v. Pruitt, No. 97-
10396 (5th Cir. Apr. 16, 1998) (unpublished), barred Staten from
filing in forma pauperis appeals or initial civil pleadings only.
Accordingly, the district court abused its discretion by relying

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No. 00-20184
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upon the sanction order in denying the Rule 60(b) motion. See also
Hatchet v. Nettles, 201 F.3d 651, 652-54 (5th Cir. 2000). The
order is VACATED, and the case is REMANDED for further proceedings.
Staten has requested injunctive relief and has moved for
appointment of counsel. Because the case is being returned to the
district court, the request is DENIED. Staten has not shown that
this case involves exceptional circumstances requiring appointment
of counsel. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.
1982). The request for appointment of counsel is DENIED.
VACATED AND REMANDED; MOTIONS DENIED.

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