Can a civil rights action against the police officers who arrested and charged appellant for the state charges for which he now stands?

Appellant's civil rights action against the police officers who arrested him on the state charges for which he is now incarcerated was dismissed without prejudice by the district court. The dismissal was prompted by the tolling of the applicable statute of limitations during appellant's incarceration. Ney v. State of California, 439 F.2d 1285, 1287 (9th Cir. 1971), and the apparent inability of appellant to prosecute the action without the aid of counsel.

Appellant attempted to avoid the difficulties created by incarceration for the prosecution of the action by moving for the appointment of counsel pursuant to 28 U.S.C. 1915(d). Such motions are addressed to the district court's sound discretion and they are granted only in exceptional circumstances. United States v. Madden, 352 F.2d 792 (9th Cir. 1965).