Lyles v. Signal

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7791 CHRISTOPHER LYLES, Plaintiff - Appellant, versus LIEUTENANT SIGNAL; SERGEANT HUNTER; CORREC- TIONAL OFFICER COLLINS; CORRECTIONAL OFFICER PLYBON; CORRECTIONAL OFFICER JOEY; NURSE ALEXANDER, Defendants - Appellees, and LYNN PHILLIPS; JAMES B. FRENCH, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-95-538) Submitted: September 11, 1997 Decided: September 18, 1997 Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Christopher Lyles, Appellant Pro Se. William McBlief, NORTH CARO- LINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Christopher Lyles, a North Carolina inmate, appeals the jury's verdict for the Defendants in his 42 U.S.C. § 1983 (1994) civil action. Lyles, who brought this suit alleging excessive force and inadequate medical care by the Defendants, urges overturning the jury's verdict because he asserts that the district court should have appointed counsel to represent him. We have reviewed the record and find no reversible error. There is not a constitutional right to appointed counsel in a civil case. See Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984). Accordingly, we affirm the jury's verdict. Additionally, we deny Lyles' motion to appoint counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2