Read the following excerpt from a US court opinion:
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on evolving circumstances, they were not merely attempts to revive waived issues. For this reason, “application of the firm waiver rule here would be pointless,” and we will consider Hill’s arguments. Garrett v. Fleming, 362 F.3d 692, 695 n. 5 (10th Cir.2004). We review a district court’s refusal to appoint counsel for an indigent prisoner in a civil case for an abuse of discretion. See Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir.1995). “The burden is on the applicant to convince the court that there is sufficient merit to his claim to warrant the appointment of counsel.” McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985). “Only in those extreme cases where the lack of counsel results in fundamental unfairness will the district court’s decision be overturned.” Id. at 839 . We have previously directed district courts
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel
B. holding that the natural father who was incarcerated failed without justifiable cause to communicate significantly with his daughter and noting that he called his daughter once and that he did not attempt mail communication with her despite his awareness that the adoptive parents were represented by counsel and therefore he could have initiated contact through their counsel or the court to communicate with her
C. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel  under circumstances which are likely to result in a continuance
D. holding a prisoner with multiple sclerosis attending court in a wheelchair who had diminished eyesight hearing and ability to communicate and needed to present complex medical issues requiring expert opinion should have been appointed counsel
E. holding in situation of appointed counsel that if nonfrivolous issues may exist new counsel must be appointed
Reply with [A, B, C, D, E] only.