Joseph Pulliam v. M. Lozano

MEMORANDUM

Joseph Pulliam, an inmate with the California Department of Corrections and Rehabilitation, appeals pro se a jury verdict in favor of Officers Lozano and Mason (collectively, the “Defendants”), on his 42 U.S.C. § 1983 claim, alleging that the Defendants used excessive force against Pul-liam when he resisted an order to move to a different cell. Pulliam contends that he is entitled to a new trial because the district court erroneously denied his requests for the appointment of counsel, failed to adequately address allegations of juror misconduct, gave a misleading jury instruction, and erroneously excluded a witness and a potential defendant. Because Pulliam failed,to provide the trial transcript as required under Federal Rule of Appellate Procedure 10(b), we limit our review and address the issues raised to the extent possible without the transcript. Portland Feminist Women’s Health Ctr. v. Advocates for Life, Inc., 877 F.2d 787, 789 (9th Cir.1989). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. As a civil litigant in a § 1983 action, Pulliam does not have a constitutional right to appointed counsel, and the district court did not abuse its…