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829 F.2d 35

Docket No. 87-6028

Phillip a Ennis v. Edward W. Murray, Director, Commonwealth of Virginia, Department of Corrections

Fourth Circuit Court of Appeals

Submitted June 30, 1987. Decided August 31, 1987.

Fourth Circuit Court of Appeals · decided 1987-08-31

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

Relies on Whisenant v. Yuam · Leroy Cook v. V. Lee Bounds, Com. Dept. Corrections · Johnson v. Mayor and City Council of Baltimore

Opinion by Per Curiam · Decided 1987-08-31

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Phillip A. Ennis, appellant pro se.

Richard Francis Gorman, III, Office of the Attorney General, for appellee.

Before JAMES DICKSON PHILLIPS and ERVIN, Circuit Judges, and Butzner, Senior Circuit Judge.

PER CURIAM:

¶1

Phillip A. Ennis, a Virginia inmate, appeals from an order of the district court denying his motion for court-appointed counsel to assist him in his civil rights action brought pursuant to 42 U.S.C. Sec. 1983. We find that the district court did not abuse its discretion in denying Ennis' motion for court-appointed counsel and we affirm the order. Ennis failed to show either exceptional circumstances requiring the assistance of counsel or that the issues were so complex that Ennis could not fairly present them. See Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984; Cook v. Bounds, 518 F.2d 779 (4th Cir. 1975).

¶2

Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the order below. Ennis v. Murray, C/A No. 86-656-N (E.D.Va., Jan. 8, 1987).

¶3

AFFIRMED.

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