United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________ No. 97-3386EM _____________ Richard P. Hayden, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri.

Steve Palmer, Officer; Unknown * Gregory, Captain; Unknown Cooksey, * [UNPUBLISHED] Officer, * * Appellees. * _____________ Submitted: August 4, 1998 Filed: August 11, 1998 _____________ Before FAGG, BEAM, and LOKEN, Circuit Judges. _____________ PER CURIAM.

Richard P. Hayden appeals the district court's adverse grant of summary judgment in Hayden's civil rights lawsuit. After careful review of the record and the parties' briefs, we conclude the court did not abuse its discretion in denying Hayden appointed counsel. We also conclude the district court correctly granted summary judgment relief and further discussion is not warranted. We affirm. See 8th Cir. R. 47B.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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