Howard Lee White v. Officer W. Burgie

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Howard Lee WHITE, Plaintiff/Appellant, v. Officer W. BURGIE, Defendant/Appellee. No. 90-15626. United States Court of Appeals, Ninth Circuit. Submitted May 17, 1991. * Withdrawn from Submission June 17, 1991. Resubmitted Aug. 26, 1991. Decided Sept. 13, 1991. Before GOODWIN, SKOPIL and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Howard Lee White appeals pro se the district court's entry of a directed verdict in this civil rights action. He contends that the district court erred by (1) refusing to allow him to file a second amended complaint; (2) denying his motion for appointment of counsel; (3) concluding that he failed to prove sufficiently his state or federal claims; and (4) awarding attorneys' fees and costs against him. We affirm the district court except for its decision to award attorneys' fees. Accordingly, we affirm in part and reverse in part. DISCUSSION 1. Right to Amend Complaint 3 White alleged in his…