No. 99-40807
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40807
Summary Calendar
EDGAR S. ARROYO,
Plaintiff-Appellant,
versus
R. RODRIGUEZ; R. BLEDSOE, Officer;
K. GUIDRY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-96-CV-688
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April 5, 2000
Before JONES, SMITH and BENAVIDES, Circuit Judges.
PER CURIAM:*
Edgar S. Arroyo, Texas prisoner # 661872, challenges the
district court’s summary-judgment dismissal of his 42 U.S.C. § 1983
lawsuit asserting that he was falsely accused and found guilty of
possession of a contraband weapon in retaliation for having
utilized the prison grievance system. He argues that summary
judgment was error because he alleged a chronology of events from
which retaliatory motive could reasonably be inferred. He further
argues that the district court erred in denying his motions for the
appointment of counsel.
*
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opinion should not be published and is not precedent except under the limited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. 99-40807
-2-
Because Arroyo has presented no more than his own
personal belief that he has been the victim of retaliation, his
retaliation claim was properly dismissed. See Johnson v.
Rodriguez, 110 F.3d 299, 310 (5th Cir. 1997); Woods v. Smith, 60
F.3d 1161, 1166 (5th Cir. 1995). Accordingly, the district court’s
judgment is AFFIRMED.
Arroyo has also failed to show exceptional circumstances
existed which mandated the appointment of counsel and has thus
failed to demonstrate that the district court abused its discretion
in refusing to appoint counsel. See Ulmer v. Chancellor, 691 F.2d
209, 212 (5th Cir. 1982). To the extent that Arroyo moves this
court for the appointment of counsel, his motion is DENIED.
AFFIRMED; MOTION DENIED.