IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11143
Summary Calendar
DAVID E. LEWIS,
Plaintiff-Appellant,
versus
FORT WORTH POLICE DEP’T, ET AL.,
Defendants,
B.E. LADD, I.D. 2508;
R.D. ABBOTT, I.D. 1995,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:94-CV-655-A
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October 25, 1996
Before GARWOOD, JOLLY, and DENNIS, Circuit Judges:
PER CURIAM:*
David Earl Lewis appeals the district court’s judgment in
favor of the defendants following a bench trial on Lewis’ civil
rights complaint, 42 U.S.C. § 1983. Lewis argues that he was
denied a jury trial. However, Lewis did not make a valid jury
*
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that this opinion should not be published and is not precedent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. 95-11143
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demand. See Fed. R. Civ. P. 38(b).
Lewis also argues that the district court’s denial of Lewis’
pro se motion to substitute John E. Sherman as counsel,
conditioned on a continuance, effectively denied Lewis assistance
of counsel. The district court denied Lewis’ motion to
substitute counsel because it found the continuance-condition
unacceptable. The district court did not abuse its discretion by
denying the motion to substitute without prejudice to the
attorney making an entry of appearance.
AFFIRMED.