L'Heureux v. Whitman ( 1999 )

USCA1 Opinion

       [NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











No. 98-2059



                        RONALD L'HEUREUX,



                      Plaintiff, Appellant,



                                v.



                        WALTER WHITMAN AND

                          JUSTIN AMEIAL,



                      Defendants, Appellees.







           APPEAL FROM THE UNITED STATES DISTRICT COURT



                 FOR THE DISTRICT OF RHODE ISLAND



          [Hon. Ronald R. Lagueux, U.S. District Judge]







                              Before



                    Selya, Boudin and Lynch,

                        Circuit Judges.









     Ronald L'Heureux on brief pro se.

     Sheldon Whitehouse, Attorney General, and Elisabeth A.

Wallace, Special Assistant Attorney General, on Motion to Dismiss

Appeal or to Summarily Affirm the Judgment Below, for appellees.











June 7, 1999











            Per Curiam.  Upon careful review of the record,

  appellant's brief, and defendant's motion to dismiss the appeal

  or for summary disposition, we conclude that this appeal is

  frivolous.  The dismissal was proper for the reasons stated in

  the magistrate judge's Report and Recommendation dated August

  5, 1998, and adopted by the district court.  Plaintiff's

  meritless and irrelevant appellate arguments cast no doubt on

  the dismissal.

            Defendant's motion for reconsideration of the default

  order is granted, that default order is vacated, and

  defendant's motion to dismiss is treated as his brief.

            Defendant's motion for summary disposition is

  granted.

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