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63 F. App'x 145

Lee v. Wade

U.S. Courts of Appeals

Decided May 19, 2003

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U.S. Courts of Appeals · decided 2003-05-19

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Glick v. Fm Henderson · MacCuish v. United States

Decided 2003-05-19

¶1 Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

¶2 Ricky Lee appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his second amended 42 U.S.C. § 1983 (2000) *146 complaint. On appeal, we confine our review to the issues raised in the Appellant’s brief. See 4th Cir. Rule 34(b). Lee’s brief alleges no error committed by the district court, but rather asserts several claims of ineffective assistance of counsel. A litigant in a civil action, however, has no constitutional or statutory right to effective assistance of counsel. The appropriate remedy for such a claim is a malpractice suit. * See Glick v. Henderson, 855 F.2d 536, 541 (8th Cir.1988); MacCuish v. United States, 844 F.2d 733, 735-36 (10th Cir.1988). Accordingly, we affirm the order of the district court. 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.

¶3 AFFIRMED.

*

¶4 We indicate no view on the merits of Lee’s contention that his attorney did not provide effective assistance.

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