IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40520
Conference Calendar
ROBERT LAMARR ALLEN,
Plaintiff-Appellant,
versus
J. MEYERS ET AL., Defendants,
PAUL B. BARRETT, Corrections
Officer, Coffield Unit,
Individually and in official capacity,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:97-CV-6
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April 16, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Robert Lamarr Allen, Texas state prisoner #636644, appeals
from a judgment for defendant Barrett following a jury trial on
Allen’s civil rights complaint. Allen argues that the district
court abused its discretion by denying his requests for the
appointment of counsel, by refusing to allow his witnesses to
testify at his jury trial, by allowing Barrett to call a witness
*
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that this opinion should not be published and is not precedent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. 98-40520
-2-
who was not on his proposed witness list, and by denying his
motion for a new trial because Barrett’s testimony conflicted
with all of the other evidence presented. The district court did
not abuse its discretion by denying Allen’s requests for the
appointment of counsel. See Ulmer v. Chancellor, 691 F.2d 209,
212 (5th Cir. 1982). This portion of the district court’s
judgment is AFFIRMED.
With regard to the remaining issues, Allen did not
demonstrate to this court or to the district court that a
transcript was necessary for the proper disposition of his
appeal. Because Allen has thus failed in his responsibility to
provide this court with a transcript, his appeal is DISMISSED as
to the remaining issues. See Richardson v. Henry, 902 F.2d 414,
416 (5th Cir. 1990).
AFFIRMED IN PART; DISMISSED IN PART.