Knight v. Ybarra

* 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that this opinion should not be published and is not precedent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. 01-40460
Conference Calendar
CHARLES KNIGHT,
Plaintiff-Appellant,
versus
RODNEY C. YBARRA, et al.,
Defendants-Appellees,
RODNEY C. YBARRA,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CV-166
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June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Charles Knight, Texas prisoner # 816507, appeals an
unfavorable jury verdict in his civil rights action under
42 U.S.C. § 1983 against Correctional Officer Rodney Ybarra for
an excessive use of force. On appeal, Knight does not address
the merits of his excessive-force claim. Knight’s argument is

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No. 01-40460
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limited to his assertion that the district court should have
appointed him counsel because he was unable to represent himself
due to his lack of education, lack of preparation time, and lack
of sleep. Knight has failed to allege any specific harm to his
case caused by the district court’s denial of his motion for
appointment of counsel or his alleged lack of sleep and
preparation. Knight has failed to show that he was unable to
represent himself adequately considering all of the circumstances
surrounding his case. The district court did not abuse its
discretion in denying Knight’s motions for appointed counsel.
Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982).
AFFIRMED.

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