IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50296
Conference Calendar
R.C. CRAWFORD, III; CRAWFORD HEAVY & MARINE CONSTRUCTION, LTD.,
Plaintiffs-Appellants,
versus
TEXAS DEPARTMENT OF TRANSPORTATION ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-97-CV-740
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February 10, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
R. C. Crawford, III, appeals from the dismissal of his
lawsuit filed under 42 U.S.C. § 1983, which was dismissed without
prejudice by the district court for failure to prosecute.
Crawford is not a lawyer and may not represent Crawford Heavy and
Marine Construction Limited in court. Crawford Heavy and Marine
Construction Limited is therefore not properly before this court.
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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.
No. 98-50296
-2-
See Southwest Express Co. v. Interstate Commerce Comm’n, 670 F.2d
53, 55-56 (5th Cir. 1982).
Crawford failed to challenge the district court’s dismissal
for failure to prosecute, and has therefore waived this issue.
See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
Crawford argues that the district court abused its
discretion by failing to appoint counsel for him. He contends
that a Texas law passed on May 11, 1846, requires Texas courts to
appoint free legal counsel to an indigent party in a civil or
criminal case. The federal district court had discretion under
28 U.S.C. § 1915(e)(1) to appoint counsel for Crawford. See
Branch v. Cole, 686 F.2d 264, 266 (5th Cir. 1982). A district
court will generally appoint counsel only in an exceptional case.
Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982). Close
examination of the record and pleadings indicates that the
district court did not abuse its discretion by failing to appoint
counsel for Crawford.
AFFIRMED.