Gill v. West ( 1995 )

USCA1 Opinion

        November 29, 1995       [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT





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        No. 95-1600



                                     DONALD GILL,



                                Plaintiff, Appellant,



                                          v.



                                DARRELL WEST, ET AL.,



                                Defendants, Appellees.

                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF RHODE ISLAND



                     [Hon. Ernest C. Torres, U.S. District Judge]
___________________

                [Hon. Raymond J. Pettine, Senior U.S. District Judge]
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                                 ____________________



                                        Before



                                Selya, Stahl and Lynch,

                                   Circuit Judges.
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                                 ____________________



            Donald Gill on brief pro se.
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            Peter  J. McGinn,  Richard  J.  Welch and  Tillinghast  Collins  &
________________   __________________      _______________________

        Graham on brief  for appellee Darrell West in his Official Capacity as
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        an Agent of Brown University and in his Personal Capacity.

            Henry  M. Swan and Davis,  Kilmarx, Swan & Kohlenberg on brief for
______________     __________________________________

        appellee John Hazen White.

            Stephen  H.  Burke and  Temkin  &  Associates  Ltd.  on brief  for
__________________      ___________________________

        appellee Narragansett Media, Inc.

            Joseph  V.  Cavanagh,  Jr.,  Raymond  A.  Marcaccio  and  Blish  &
__________________________   ______________________       ________

        Cavanagh  on brief  for appellees  The Providence Journal  Company and
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        WLNE-TV Channel 6.



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                 Per Curiam.   We have reviewed  the parties' briefs  and
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            the record on appeal.   There was neither error nor  abuse of



            discretion  in   the  district  court's   (i)  resolution  of



            appellant's  motion to  recuse and simultaneous  amendment of



            its previous order to correct its misapprehension that it had



            earlier  dismissed a certain defendant nor  (ii) denial of an



            enlargement of time  in which  to respond to  the show  cause



            order.



                 We conclude  that  the amended  complaint  was  properly



            dismissed for lack of subject matter jurisdiction, failure to



            state  a claim  upon which  relief  might be  granted, and/or



            failure to make service.



                 The judgment of dismissal is affirmed.
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