United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
April 16, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-60890
Summary Calendar
RICHARD MERLE SWITZER,
Plaintiff-Appellant,
versus
GREG HERMAN; JOE DON CUNNINGHAM; CRAIG S. SHOWS, JR.; SCOTT DELANO;
CITY OF GULFPORT; CITY OF BILOXI; MICHAEL GOLDSWORTHY; GULFPORT
POLICE DEPARTMENT; GEORGE H. PAYNE, JR.; BILOXI POLICE DEPARTMENT;
TOMMY MOFFETT,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:02-CV-434
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Richard Merle Switzer, Mississippi state prisoner #47818,
proceeding pro se and in forma pauperis, appeals the district
court’s order in his § 1983 suit denying his motion for appointment
of counsel. Switzer asserts conclusionally that he needs counsel
in order to sharpen the issues, to investigate, and to obtain
*
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this opinion should not be published and is not precedent except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.
favorable evidence. Switzer also argues that he is not capable of
representing himself properly.
An interlocutory order denying an application for the
appointment of counsel in a § 1983 case is immediately appealable.1
However, a trial court is not required to appoint counsel for an
indigent plaintiff in a civil rights action unless there are
exceptional circumstances.2 This court will not reverse the
district court’s denial of such a motion unless the appellant shows
that the ruling constituted a clear abuse of discretion.3
Switzer has not shown that his case presents exceptional
circumstances such that the district court clearly abused its
discretion in denying the motion. The district court’s denial of
Switzer’s motion for appointment of counsel is therefore AFFIRMED.
Switzer’s motion to supplement the record is DENIED.
1
Robbins v. Maggio, 750 F.2d 405, 409-13 (5th Cir. 1985).
2
Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982).
3
Cupit v. Jones, 835 F.2d 82, 86 (5th Cir. 1987).
2