Cole v. Disantis ( 1996 )

USCA1 Opinion

          July 18, 1996         [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT

                                 ____________________





        No. 96-1354







                  RICHARD A. COLE, AND RICHARD A. COLE, M.D., INC.,



                               Plaintiffs, Appellants,



                                          v.



             ERNEST J. DISANTIS, JR., FORMER U.S. ATTORNEY, WESTERN, PA.,



                                Defendants, Appellees.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                   [Hon. Douglas P. Woodlock, U.S. District Judge]
___________________



                                 ____________________





                                        Before



                                Selya, Cyr and Boudin,

                                   Circuit Judges.
______________



                                 ____________________





            Richard A. Cole, M.D. F.A.C.P. on brief pro se.
______________________________







                                 ____________________





                                 ____________________





































                      Per Curiam.  Having carefully  reviewed the record,
__________



            appellant's   brief,  and  appellees'   motions  for  summary



            disposition,  we  affirm  the  order  of  dismissal  and  the



            injunction  for the reasons stated by the district court.  We



            add only these comments.



                      Because appellant did not  offer any showing that a



            transfer would  be in  the interest  of justice, we  conclude



            that the  district  court did  not  abuse its  discretion  in



            failing to order one under 28  U.S.C.   1406(a).  See Cote v.
___ ____



            Wadel, 796 F.2d  981, 984  (7th Cir. 1986);  Dubin v.  United
_____                                        _____     ______



            States, 380 F.2d  813, 816 (5th Cir. 1967)(it is  not "in the
______



            interest  of justice" to use   1406(a) to "aid a non-diligent



            plaintiff who knowingly files a case in the wrong district");



            see also Mulcahy v. Guertler, 416 F.Supp. 1083, 1086 (D.Mass.
________ _______    ________



            1976).



                      With respect to the injunction, the  district court



            made adequate findings that appellant's many improper filings



            in Massachusetts  were an  abuse of process  causing needless



            expense  and  inconvenience.   The  injunction  concerns only



            filings  against  the  federal  defendants  in  Massachusetts



            district  court, and  it  allows appellant  to  apply to  the



            district court for  leave to  file claims upon  a showing  of



            personal  jurisdiction, proper  venue, and  merit.   In these



            circumstances,  we perceive  no abuse  of discretion  in this



            limitation on  appellant's future filings.   See Pavilonis v.
___ _________







                                         -2-



























            King,  626 F.2d 1075, 1079 (1st Cir.), cert. denied, 449 U.S.
____                                   ____________



            829 (1980); cf. Cok v. Family Court of Rhode Island, 985 F.2d
___ ___    ____________________________



            32, 34 (1st Cir. 1993).



                      Affirmed.  See 1st Cir. Loc. R. 27.1.
________   ___



























































































                                         -3-