Karl White v. State Attorney
Karl White v. State Attorney
Opinion
Karl White appeals pro se the dismissal without prejudice of his civil complaint for failure to serve the defendants under Federal Rule of Civil Procedure 4(m). We affirm.
We review for abuse of discretion a dismissal without prejudice of a complaint for failure to serve a defendant under Rule 4(m). Lepone-Dempsey v. Carroll County Comm’rs, 476 F.3d 1277, 1280 (11th Cir. 2007). The record is undisputed that White did not serve the defendants under Rule 4(m), and in his brief, White makes *963 no argument that the district court erred in its application of the Rule. The district court did not abuse its discretion.
White’s argument that his motion for court-appointed counsel should have been granted also fails. To the extent "White is seeking reconsideration of our order, his request is untimely because it was filed more than 21 days after this Court denied his motion for court-appointed counsel. 11th Cir. R. 27-2. To the extent "White is challenging the denial of his motion by the district court, his argument fails because his complaint was not novel or complex. “Court appointment of counsel in civil cases is warranted only in ‘exceptional circumstances,’ and whether such circumstances exist is also committed to district court discretion.” Steele v. Shah, 87 F.3d 1266, 1271 (11th Cir. 1996) (quoting Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993)). “The key is whether the pro se litigant needs help in presenting the essential merits of his or her position in the court.” Kilgo, 983 F.2d at 193. The district court did not abuse its discretion.
We also deny White’s motion to reconsider his request to file a supplemental brief.
The dismissal of "White’s complaint is
AFFIRMED.
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