Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Western District of Washington, Robert J. Bryan, District Judge, Presiding. D.C. No. CV-02-05057-RJB.
Tony Ray Pierce, Tacoma, WA, for Plaintiff-Appellant.
Robert Maxwell Taylor, USSE-Office of the U.S. Attorney, Seattle, WA, for Defendant-Appellee.
Before GOODWIN, WALLACE and TROTT, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Tony Ray Pierce appeals pro se the district court's judgment of dismissal following
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a bench trial in Pierce's action pursuant to the Federal Tort Claims Act alleging that a federal Drug Enforcement Agent used excessive force him. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We are unable to review Pierce's contentions that he established a claim for excessive force because Pierce failed to provide copies of the trial transcripts. See Fed. R.App. 10(b)(2); Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991) (per curiam).
The district court properly denied appointment of counsel because this civil action does not present exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991) (per curiam).
AFFIRMED.