Pizzo v. Jefferson Par Sher
Pizzo v. Jefferson Par Sher
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-30079 Summary Calendar __________________
DREW MICHAEL PIZZO, Plaintiff-Appellant, versus JEFFERSON PARISH SHERIFF'S OFFICE ET AL., Defendants,
JUDITH RICE; J. EDDY; K. DAVIS; K. GORMAN; HOWARD LAVIN; HARRY LEE, Sheriff, incorrectly designated as the Jefferson Parish Sheriff's Office, Defendants-Appellees.
- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 93-CV-4173 E - - - - - - - - - - July 15, 1996 Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:* Drew Michael Pizzo, Louisiana inmate #131376, appeals the dismissal of his civil rights suit. We GRANT Pizzo's motion for leave to submit supplemental authorities of law and to correct a
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-30079 -2- factual error in one of his appellate issues. We DENY his motion
to supplement the record with an exhibit which was not presented to the district court.
Pizzo argues the merits of the 42 U.S.C. § 1983 claims. We affirm the district court's dismissal on an alternate ground.
See Bickford v. International Speedway Corp., 654 F.2d 1028, 1031 (5th Cir. 1981). From our careful review of the record and the appellate arguments, we conclude that Pizzo's claims against the defendants had prescribed before the district court's initial dismissal in 1991. See Piotrowski v. City of Houston, 51 F.2d 512, 516 (5th Cir. 1995).
Pizzo's argument concerning the denial of his request for a transcript of the teleconference hearing is without merit. Pizzo argues that the district court erred by denying his motions for appointment of counsel. We detect no abuse of discretion. See Jackson v. Dallas Police Dep't, 811 F.2d 260, 262 (5th Cir. 1986). We DENY Pizzo's request for the appointment of appellate counsel. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982).
AFFIRMED.
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