Lawrence Higgins v. Richard Morris

Opinion

Case: 17-20134 Document: 00514439492 Page: 1 Date Filed: 04/20/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17-20134 Summary Calendar United States Court of Appeals Fifth Circuit

FILED April 20, 2018 LAWRENCE HIGGINS, Lyle W. Cayce Clerk Plaintiff-Appellant

v.

RICHARD MORRIS, Warden; ERNEST NAVARRETE, Major; DELETA JONES, Captain,

Defendants-Appellees

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13-CV-2419

Before STEWART, Chief Judge, and ELROD and HIGGINSON, Circuit Judges. PER CURIAM: * Lawrence Higgins, Texas inmate # 1060189, has appealed the district court’s interlocutory order denying his motion for appointment of counsel. We will not overturn a district court’s decision regarding appointment of counsel unless the appellant shows a “clear abuse of discretion.” Cupit v. Jones, 835

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 17-20134 Document: 00514439492 Page: 2 Date Filed: 04/20/2018

No. 17-20134

F.2d 82, 86 (5th Cir. 1987). Because this case does not present exceptional circumstances requiring appointment of counsel, Higgins has failed to make such a showing. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982). The district court’s order is AFFIRMED.