Unpublished Disposition, 876 F.2d 896 (9th Cir. 1989)
Annotate this CaseAnthony BANKS, Plaintiff-Appellant,v.Daniel J. McCARTHY, et al., Defendants-Appellees.
No. 88-15243.
United States Court of Appeals, Ninth Circuit.
Submitted* May 10, 1989.Decided June 5, 1989.
Before JAMES R. BROWNING, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges.
MEMORANDUM**
It was not an abuse of discretion for the district court to deny appellant's request for counsel. Appellant has not demonstrated a likelihood of success on the merits, or that his case is unique and involves complex legal issues. The district court noted it was "faced with cases involving similar factual circumstances on an almost daily basis." See Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986).
The district court did not abuse its discretion in dismissing appellant's case for lack of prosecution. Appellant failed to move his case after two explicit warnings and a lapse of four years, see Henderson v. Duncan, 779 F.2d 1421, 1424-25 (9th Cir. 1986); and the court softened the harshness of the sanction by dismissing without prejudice rather than with prejudice. See Ash v. Cvetkov, 739 F.2d 493, 496-97 (9th Cir. 1984).
AFFIRMED.
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