Jeffery D. Williams v. William Soupene, (8th Cir. 2000)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 00-1454
Jeffery D. Williams, Appellant, v. William Soupene; John Ault; Jerome Manternach, Sued as J. Manternarch; Welch, Mr.; Iowa Department of Corrections, Central Office Grievance Coordinator, Appellees.
Submitted: December 6, 2000 Filed: December 27, 2000
Before BEAM, FAGG, and LOKEN, Circuit Judges.
PER CURIAM.
Jeffery Williams, a former Iowa inmate, appeals the district court§ 1983 complaint with prejudice for failure to comply with a court order. Having carefully reviewed the record, we conclude that the district court
did not abuse its discretion by dismissing under Fed. R. Civ. P. 41(b) when Williams failed to file an amended complaint as directed. See Edgington v. Missouri DepÂ’t of Corr., 52 F.3d 777, 779 (8th Cir. 1995) (standard of review). WilliamsÂ’s counselwho was appointed in May 1999advised the court in October 1999 that he had written Williams but had been unsuccessful in contacting him. Later, after the court ordered Williams to file an amended and substituted complaint by December 1, his appointed counsel notified the court that Williams had failed to appear for two scheduled appointments, and the court reluctantly granted an extension to January 3, 2000, stating no further continuances would be granted. No further communication was received by the court from Williams or his counsel before the complaint was dismissed on January 6. See Hunt v. City of Minneapolis, Minn., 203 F.3d 524, 527 (8th Cir. 2000) (Rule 41(b) dismissal with prejudice is extreme sanction that should be used only in cases of willful disobedience of court order).
Although Williams now contends that he had no transportation to his appointed counselÂ’s office 175 miles away, and that his appointed counsel had a conflict of interest, he did not raise these issues to the district court when or after his counsel was appointed. In any event, "[a] pro se litigant has no statutory or constitutional right to have counsel appointed in a civil case." See Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the
Northern District of Iowa.
[UNPUBLISHED]
[1] THE HONORABLE MARK W. BENNETT, Chief Judge, United States District Court for the Northern District of Iowa.
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - Timothy S. Hunt, Appellant, v. City of Minneapolis, Minnesota; Police Officers, personally and in their capacities as employees/agents of the City of Minneapolis; Dan Wells; Jeffery Marcell; Anthony Barragan; John or Jane Doe, Police Officers, Other (whose identities are unknown at this time), Appellees., 203 F.3d 524 (8th Cir. 2000)
- U.S. Court of Appeals for the Eighth Circuit - James E. Stevens, Individually, Plaintiff-Appellant, Jami Lynn Stevens, a Minor, By Next Friend James E. Stevens, Plaintiff, v. Rebecca J. Redwing; John S. Redwing; Ricky E. Jones; C. Curtis Holmes, Defendants-Appellees., 146 F.3d 538 (8th Cir. 1998)
- U.S. Court of Appeals for the Eighth Circuit - Zane Brent Edgington, Plaintiff-Appellant, v. Missouri Department of Corrections; Mel Carnahan; Robert Schoenen; Donna Schriro; Cranston Mitchell; Julie Ives, Defendants-Appellees., 52 F.3d 777 (8th Cir. 1995)
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