IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40317 Summary Calendar __________________

RAYMOND SUNIGA, Plaintiff-Appellant, versus JAMES A. SHAW, JR. Warden; UNKNOWN LUMPKINS, Defendants, UNKNOWN BALDWIN, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:94-CV-712 - - - - - - - - - - May 17, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Raymond Suniga argues that the magistrate judge clearly erred in dismissing his excessive-force claim following a bench trial. Suniga also argues that the magistrate judge erred in failing to appoint him trial counsel.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 95-40317 -2- We have reviewed the record, the opinion of the magistrate judge court, and the briefs, and find that the dismissal of the complaint should be affirmed substantially for the reasons stated by the magistrate judge. See Suniga v. Shaw, No. 95-40317 (E.D.

Tex. Mar. 28, 1995). We further find that the magistrate judge did not abuse his discretion in denying Suniga's request for trial counsel because Suniga failed to demonstrate that he made such a request prior to trial.