Johnson v. Benner

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 96-50011 Conference Calendar __________________

KENNETH LEE JOHNSON,

Plaintiff-Appellant,

versus

ALICE BENNER; DELPHIS BENOIT; JACK M. GARNER, Warden; CHARLIE F. STREETMAN, Assistant Warden; FRANK WILLIAMS; GRACE E. KENNEDY

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-94-CV-37 - - - - - - - - - - April 18, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Kenneth Lee Johnson appeals from the district court’s denial

of his motion for the appointment of counsel. Johnson’s request

for leave to proceed in forma pauperis is DENIED as unnecessary.

We have reviewed the record and Johnson’s contentions and discern

no abuse of discretion by the district court in denying

appointment of counsel. We AFFIRM for essentially the same

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50011 -2-

reasons stated by the district court. Johnson v. Benner, No. W-

94-CV-37 (W.D. Tex. Dec. 4, 1995).

AFFIRMED.