Anthony Lane v. Michael Astrue , 279 F. App'x 421 ( 2008 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-3125
    ___________
    Anthony P. Lane,                      *
    *
    Appellant,                *
    * Appeal from the United States
    v.                              * District Court for the
    * Eastern District of Arkansas.
    Michael J. Astrue, Commissioner,      *
    Social Security Administration,       * [UNPUBLISHED]
    *
    Appellee.                 *
    ___________
    Submitted: May 15, 2008
    Filed: May 30, 2008
    ___________
    Before BYE, SMITH, and BENTON, Circuit Judges.
    ___________
    PER CURIAM.
    In this interlocutory appeal, Anthony P. Lane appeals the district court’s1 order
    denying his motion for appointment of counsel. We find no abuse of discretion. See
    Phillips v. Jasper County Jail, 
    437 F.3d 791
    , 794 (8th Cir. 2006) (there is no statutory
    or constitutional right to appointed counsel in civil case; discussing factors).
    However, it appears from documents Lane filed near the time of the August 2007
    1
    The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the
    Eastern District of Arkansas, to whom the case was referred for final disposition by
    consent of the parties pursuant to 
    28 U.S.C. § 636
    (c).
    order at issue, and from his filings in this court, that his mental status has changed and
    that he and the district court might now benefit from the appointment of counsel.
    Accordingly, we affirm but we clarify that the district court’s order is without
    prejudice to Lane’s right to renew his request for counsel as the case progresses. See
    Nelson v. Shuffman, 
    476 F.3d 635
    , 636 (8th Cir. 2007) (per curiam).
    ______________________________
    -2-
    

Document Info

Docket Number: 07-3125

Citation Numbers: 279 F. App'x 421

Filed Date: 5/30/2008

Precedential Status: Non-Precedential

Modified Date: 1/12/2023