Roscoe Farrish Jr.,plaintiff-Appellant v. Multiquip Inc.

103 F.3d 138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roscoe FARRISH Jr.,Plaintiff-Appellant, v. MULTIQUIP INC., Defendant-Appellee. No. 96-55574. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1996. * Decided Nov. 20, 1996. Before: PREGERSON, REINHARDT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Roscoe Farrish Jr. appeals pro se the district court's dismissal of his action against Multiquip Inc. alleging discrimination on the basis of age and race. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand. 3 Farrish contends that the district court abused its discretion by rejecting his request for appointment of counsel. This contention has merit. 4 Here, we are unable to determine from this record whether the district court ruled on Farrish's request for appointment of counsel. It is well-established that the district court must first rule upon such a request before granting a motion to dismiss. See, e.g., Miles v.…