Duggan v. Almeder ( 1998 )

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]



                 United States Court of Appeals

                     For the First Circuit











No. 97-1923



                    FRANCIS J. DUGGAN, ET AL.,



                      Plaintiffs, Appellees,



                                v.



                    DREAMWORLD, INC., ET AL.,



                      Defendants, Appellees.

                      ____________________



                        ALFRED ALMEDER,



                     Defendant, Appellant.







          APPEAL FROM THE UNITED STATES DISTRICT COURT



               FOR THE DISTRICT OF MASSACHUSETTS



          [Hon. William G. Young, U.S. District Judge]







                             Before



                     Torruella, Chief Judge,

               Selya and Boudin, Circuit Judges.









     Alfred Almeder on brief pro se.











June 1, 1998











                                               Per Curiam.  Alfred Almeder filed a notice of appeal

    seeking review of the district court's denial of his motion to

    vacate a default and his motion to reconsider that denial.  His

    failure to procure a transcript of the hearing held on June 6,

    1997, at which, it appears, the district court explained its

    reasons for the denial of these two motions, however, precludes

    a reasoned review of that determination.  See Fed. R. App.

    10(b) (outlining the appellant's duty); see also Moore v.

    Murphy, 47 F.3d 8, 10-11 (1st Cir. 1995) (reciting the

    consequences of appellant's failure to procure a necessary

    transcript).

              From aught that appears in the limited record

    provided by appellant, we could find no abuse of discretion in

    the court's rulings.  In particular, Almeder's claim that he

    "never received a request to file a response to any

    allegations" is simply refuted by the record.  The summons,

    itself, which Almeder acknowledges that he received, along with

    a copy of the complaint, stated that he was

              required to serve upon Plaintiff's

              Attorney [] an answer to the complaint

              which is herewith served upon you, within

              twenty days after service of this summons

              upon you, exclusive of the day of service.

              If you fail to do so, judgment by default

              will be taken against you for the relief

              demanded in the complaint.  You must also

              file your answer with the Clerk of this

              Court within a reasonable period of time

              after service.



              Therefore, we affirm the order of the district court

    denying Almeder's motion for reconsideration of the denial of

    his motion to vacate the default.

              Affirmed.  Loc. R. 27.1.