Moawad v. Burchfield ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 22, 2003
Charles R. Fulbruge III
No. 02-60680 Clerk
Conference Calendar
GARY MOAWAD,
Plaintiff-Appellant,
versus
REBECCA BURCHFIELD; BONNER, Officer;
D.M. COX, Lieutenant; BET
TY FOSTER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:02-CV-70-D-B
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Gary Moawad, Mississippi prisoner # 31272, challenges the
district court’s dismissal of his 42 U.S.C. § 1983 action for
failure to state a claim upon which relief can be granted. He
has moved for leave to file a supplemental brief. This motion is
DENIED.
Moawad contends that the defendants failed to send two legal
documents to the courts. He has not established or alleged that
his position as a litigant was prejudiced by the claimed failure.
*
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that this opinion should not be published and is not precedent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.
No. 02-60680
-2-
Walker v. Navarro County Jail, 4 F.3d 410, 413 (5th Cir. 1993).
Moawad also contends that the district court erroneously
dismissed a lawsuit that he had filed in 1990, despite the fact
that the case was not before the court at this time. Nothing in
the district court’s order purports to settle the proceedings in
the 1990 action.
Moawad contends that the magistrate judge improperly refused
to recuse himself from Moawad’s case, despite Moawad’s assertions
of bias. He has not established that the magistrate judge abused
his discretion in refusing to withdraw. See Liteky v. United
States, 510 U.S. 540, 555 (1994); United States v. MMR Corp., 954
F.2d 1040, 1044 (5th Cir. 1992).
Moawad maintains that the magistrate judge erred in not
appointing him counsel in the district court. He has not shown
that the magistrate judge abused his discretion, as he has not
established “exceptional circumstances” warranting the
appointment of counsel in a civil action. See Jackson v. Dallas
Police Dep’t, 811 F.2d 260, 261 (5th Cir. 1986)(citation and
internal quotations omitted).
Moawad has not established that the district court erred in
dismissing his in forma pauperis civil rights action for failing
to state a claim. See Black v. Warren, 134 F.3d 732, 733-34 (5th
Cir. 1998). The judgment of the district court is AFFIRMED.