Hector Zuniga v. William Effler

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-ct-03177-BO Copies to all parties and the district court/agency. [998879837]. Mailed to: Hector Zuniga. [12-6072]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6072

HECTOR EDGARDO RUIZ ZUNIGA,
Plaintiff - Appellant,
v.
WILLIAM EFFLER; SHANE VARNEY; MICHAEL SUTTON; JULIAN CARR;
LAWRENCE THOMAS DIXON,
Defendants – Appellees,
and
JOSEPH CRAVEN,
Defendant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:09-ct-03177-BO)

Submitted:

June 7, 2012

Before KING and
Circuit Judge.

SHEDD,

Decided:

Circuit

Judges,

and

June 21, 2012

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Hector Edgardo Ruiz Zuniga, Appellant Pro Se. Seth Morgan Wood,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina;

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Gregory Wenzl Brown, Amy Holbrook Hopkins,
Raleigh, North Carolina, for Appellees.

BROWN

LAW,

LLP,

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Hector

Edgardo

Ruiz

Zuniga

appeals

the

district

court’s order dismissing his 42 U.S.C. § 1983 (2006) complaint
without

prejudice.

Zuniga

contends

that

the

district

court

abused its discretion by denying his motion for appointment of
counsel and by failing to provide him with Spanish translations
of court documents.
In civil cases such as this one, we review an order
denying appointment of counsel for an abuse of discretion.
Miller

v.

Simmons,

814

F.2d

962,

966

(4th

Cir.

See

1987).

Appointment of counsel is proper “[i]f it is apparent to the
district court that a pro se litigant has a colorable claim but
lacks

the

capacity

to

present

circumstance is present.
(4th Cir. 1978).

it”

or

some

other

exceptional

Gordon v. Leeke, 574 F.2d 1147, 1153

We do not find that the district court abused

its discretion in this regard.

Nothing in Zuniga’s complaint or

in his abbreviated motion for appointment of counsel would have
made

it

apparent

to

the

district

court

that

he

possessed

colorable claim but lacked the capacity to present it.

a

Nor do

we find that the district court committed error by failing to
translate court documents into Spanish for Zuniga.

Prior to his

notice of appeal, Zuniga never informed the district court that
he could not read the English language.

Moreover, the court had

no affirmative duty to provide Zuniga with translations of court
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filings.
district
impetus

Filed: 06/21/2012

Contrary
court
of

a

does
civil

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to

Zuniga’s

appellate

assertions,

the

not

bear

burden

investigate

the

the

plaintiff’s

silence

to

where

the

plaintiff

failed to communicate with the court for over a year and made no
response to two motions to dismiss and multiple notices from the
court.
Accordingly,
We

dispense

with

oral

we

affirm

argument

the

district

because

the

court’s
facts

orders.

and

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

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