Henderson v. Abilene Regional

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-11160 Summary Calendar

LUCIAN R. HENDERSON, Plaintiff-Appellant,

versus

ABILENE REGIONAL MHMR CENTER; WILLIAM V. LIVINGSTON, former executive director; ROSCOE C. HOLLIDAY, former personnel director, Defendants-Appellees.

Appeal from the United States District Court For the Northern District of Texas (1:97-CV-55-C)

June 11, 1998 Before POLITZ, Chief Judge, JONES and DeMOSS, Circuit Judges.

PER CURIAM:*

Lucian R. Henderson, a black male, was employed at Abilene Regional

Mental Health-Mental Retardation Center. He was dismissed in June 1995 and was

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. replaced by a younger, white female. Proceeding pro se he filed the instant

Title VII action alleging age and race discrimination.

Contemporaneous with filing suit Henderson moved for appointment of

counsel. The district court denied this motion and Henderson retained counsel. For

reasons which do not appear in the record, this counsel withdrew or was dismissed

and Henderson renewed his motion for appointment of counsel. The trial court

again denied this motion and Henderson appealed.

The appointment of counsel for plaintiffs in Title VII cases is not a matter of

right but is relegated to the sound discretion of the district court.1 Such

appointments are to be made only under exceptional circumstances.2 Appellate

review of the trial court’s decision is limited to a determination whether the court

abused its considerable discretion. The record before us discloses no such abuse

and the ruling appealed is AFFIRMED.

1 Salmon v. Corpus Christi I.S.D., 911 F.2d 1165 (5th Cir. 1990). 2 Jackson v. Dallas Police Dept., 811 F.2d 260 (5th Cir. 1986). 2