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Jones v. White Oak, TX Police

Court: Court of Appeals for the Fifth Circuit
Date filed: 1996-02-26
Citations: 81 F.3d 154
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               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT

                        __________________

                           No. 95-40015
                         Summary Calendar
                        __________________


A.C. JONES,

                                      Plaintiff-Appellant,

versus

WHITE OAK, TX, POLICE DEPARTMENT ET AL.,

                                      Defendants,

BILL JONES, White Oak Officer ET AL.,

                                        Defendants-Appellees.



                         - - - - - - - - - -
           Appeal from the United States District Court
                 for the Eastern District of Texas
                        USDC No. 6:93-CV-679
                         - - - - - - - - - -
                          February 21, 1996
Before WIENER, PARKER and DENNIS, Circuit Judges

PER CURIAM:*

     A.C. Jones appeals the dismissal of his civil-rights action

following a trial on the merits.   Jones contends that the

magistrate judge erred by denying his motions for appointment of

counsel and erred by failing to subpoena his witnesses for trial.

     Jones's case did not present exceptional circumstances

requiring the appointment of counsel; the denial of his motions

for appointment of counsel was not an abuse of discretion.      See


       Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
                            No. 95-40015
                                 -2-

Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982).      The

record before this court indicates that the magistrate judge

ordered that subpoenas issue for Jones's witnesses; nothing in

the record indicates otherwise.   We cannot review Jones's

allegation that the magistrate judge ignored his complaint at

trial that the subpoenas had not issued; Jones has failed to

provide this court with a transcript of the trial, as it is his

responsibility to do.    See Alizadeh v. Safeway Stores, 910 F.2d

234, 237 (5th Cir. 1990).

     APPEAL DISMISSED.   5TH CIR. R. 42.2.