Perreault v. Fishman, etc. ( 1993 )

USCA1 Opinion

          July 23, 1993         [NOT FOR PUBLICATION]


                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

                                 ___________________


          No. 93-1481

            


                                RICHARD G. PERREAULT,

                                Plaintiff, Appellant,

                                          v.

                            HARRIET FISHMAN, ETC., ET AL.,

                                Defendants, Appellees.

                                  __________________

                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF NEW HAMPSHIRE

                       [Hon. Shane Devine, U.S. District Judge]
                                           ___________________

                                 ___________________

                                        Before

                                 Breyer, Chief Judge,
                                         ___________
                          Selya and Boudin, Circuit Judges.
                                            ______________

                                 ___________________

               Richard G. Perreault on brief pro se.
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               Jeffrey R.  Howard, Attorney  General, and Susan  S. Geiger,
               __________________                         ________________
          Senior Assistant  Attorney General,  on brief for  appellees, The
          Honorable  Harriet Fishman,  The  Honorable Bruce  Mohl, and  The
          Honorable David A. Brock



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                 Per  Curiam.     We  affirm   the  judgment   dismissing
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            plaintiff's  action substantially for  the reasons  stated by

            the district court.   Having had an  opportunity to challenge

            the  child support  award in state  court, plaintiff  may not

            raise in federal court either the same challenges or new ones

            which could have been presented to the state court.  Migra v.
                                                                 _____

            Warren  City School Dist. Bd.  of Education, 465  U.S. 75, 81
            ___________________________________________

            (1984)  ("a federal court must give to a state court judgment

            the same  preclusive effect as  would be given  that judgment

            under  the law  of  the  State  in  which  the  judgment  was

            rendered");  Marine  Construction  Corp.  v.  First  Southern
                         ___________________________      _______________

            Leasing, Ltd., 129 N.H. 270, 274-75, 525 A.2d 709, 712 (1987)
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            (barring  all theories  which could have  been raised  in the

            earlier litigation; "[t]he central policy 'exemplified by the

            free   permissive  joinder   of  claims,   liberal  amendment

            provisions,  and compulsory counterclaims,  is that the whole

            controversy between the parties may and often must be brought

            before  the same  court  in the  same action'");  Restatement

            (Second) of Judgments   22(2)(b).          

                 There  is no  merit to  plaintiff's  claim that  the New

            Hampshire Supreme  Court denied him due  process by summarily

            rejecting  his appeal.  Lindsey  v. Normet, 405  U.S. 56,8 77
                                    _______     ______

            (1972) (no constitutional right to an appeal).

                 Plaintiff's request for oral argument is denied, and the

            judgment is affirmed.



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                 Affirmed.
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