852 F2d 571 Jerry Edmund Aronhalt v. Elliott A. Sattler, et al.

852 F.2d 571

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not the case, res judicata, or collateral estoppel.

Jerry Edmund Aronhalt, aka Leon Wit Jonjock, Plaintiff/Appellant,
v.
Elliott A. SATTLER, et al., Defendants/Appellees.

No. 87-2339.

United States Court of Appeals, Ninth Circuit.

Submitted May 25, 1988.
Decided June 29, 1988.*

Before SKOPIL, SCHROEDER, and ALARCON, Circuit Judges.

1

MEMORANDUM**

2

Jerry Edmund Aronhalt, a Nevada state prisoner, appeals pro se the district court order dismissing as frivolous his 42 U.S.C. Sec. 1983 (1982) action against the attorney general of Nevada, the deputy attorney general of Nevada, a district court judge, and a United States Magistrate. Aronhalt's complaint alleges that these defendants conspired to deny him representation by lay counsel.

3

We affirm. An individual has no constitutional right to lay representation. United States v. Wright, 568 F.2d 142, 143 (9th Cir.1978). Aronhalt's complaint therefore lacks any arguable substance in law or fact and may be dismissed as frivolous under 28 U.S.C. Sec. 1915(d) (1982). Moreover, because the deficiency could not be cured by amendment, the district court did not err in dismissing the complaint without leave to amend. See Franklin v. Murphy, 745 F.2d 1221, 1228 n. 9 (9th Cir.1984).

4

AFFIRMED.

*

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a), Ninth Circuit Rule 34-4

**

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