The opinion
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 97-40885
Summary Calendar
RONALD S. BROWN,
Plaintiff-Appellant,
VERSUS
KENNETH A. MC CANN, CO 3, COFFIELD UNIT,
Defendant-Appellee.
Appeal from the United States District Court
For the Eastern District of Texas
(6:96-CV-895)
June 24, 1998
Before WISDOM, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Ronald Brown, Texas prisoner # 709046, filed a suit under 42
U.S.C. § 1983 against several officials of the Texas Department of
Criminal Justice in which he alleged various violations of his
Eighth Amendment protections against cruel and unusual punishment.
He specifically alleged that corrections officers Kenneth McCann
and Anthony Carlile subjected him to excessive force, and that
*
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this opinion should not be published and is not precedent except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.
medical personnel ignored his medical complaints. Prior to trial,
the magistrate judge dismissed all but one of Brown’s claims.
After a bench trial, the magistrate judge dismissed the remaining
claim against McCann on the ground that McCann had used a
reasonable amount of force to quell a disturbance that Brown
created. This appeal followed.
Brown alleges that the magistrate judge erred in the following
respects: (1) by refusing to appoint counsel and refusing to permit
an inmate writ writer to represent him at trial; (2) by concluding
that Brown had failed to show that McCann’s conduct was
unreasonable and in bad faith; and (3) by dismissing Brown’s claims
against Carlile as frivolous. None of these contentions has merit.
We affirm.
The magistrate judge did not abuse her discretion in refusing
to appoint counsel and refusing to allow an inmate writ writer to
represent Brown.2 Brown failed to establish that his complaint
presented exceptional circumstances that would warrant an
appointment of counsel. Furthermore, since Brown’s access to the
court was not infringed, he did not have the right to a fellow
prisoner’s help in prosecuting his case.3
Though Brown would like to show that the magistrate erred in
dismissing his claim against McCann, he cannot do so because he has
2
See Jackson v. Dallas Police Dep’t, 811 F.2d 260, 261 (5th
Cir. 1986).
3
Tighe v. Wall, 100 F.3d 41, 43 (5th Cir. 1996).
2
failed to produce a trial transcript for our review. Since he
cannot demonstrate that the magistrate judge’s findings were
clearly erroneous, we dismiss this part of the appeal.4
Finally, the magistrate judge did not err in dismissing
Brown’s claim against Carlile prior to trial. In simple terms, the
claim lacked an arguable basis in law or fact.5
AFFIRMED IN PART, DISMISSED IN PART.
4
See Richardson v. Henry, 902 F.2d 414, 415-16 (5th Cir.
1990).
5
See Siglar v. Hightower, 112 F.3d 191, 193 (5th Cir. 1997).
3