Michaud v. Perreault ( 2000 )

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1572
DAVID MICHAUD,
Plaintiff, Appellant,
v.
WAYNE PERREAULT, INDIVIDUAL AND OFFICIAL CAPACITIES;
MICHAEL MCQUADE, INDIVIDUAL AND OFFICIAL
CAPACITIES; CITY OF ROCHESTER,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge]
Before
Torruella, Chief Judge,
Selya and Boudin, Circuit Judges.
David Michaud on brief pro se.
Donald E. Gardner and Devine, Millimet & Branch on brief for
appellees.
December 11, 2000
Per Curiam. Pro se appellant David Michaud appeals
from the dismissal of his complaint under 42 U.S.C. § 1983
for failure to state a claim. In a report and
recommendation dated March 8, 2000, a magistrate judge
recommended dismissal on the ground that the claims were
untimely. See 28 U.S.C. § 1915A(a) & (b) (providing for
preliminary review of prisoner complaints against government
officers or employees and for dismissal if they fail to
state a claim for relief). After reviewing an objection
filed by appellant, the district court approved the
recommendation in an order dated March 20, 2000, and
dismissed the complaint. We have carefully reviewed the
record and the parties' arguments and affirm substantially
for the reasons given in the magistrate judge's report,
which was accepted by the district court, and in the
appellees' brief.1 On appeal, appellant alleges that state
courts fraudulently concealed information from him,
contending, apparently, that he would have timely discovered
his claims if he had received the information in question.
1We note that, given the early dismissal of the complaint,
appellees were never served with process in the district court.
After being notified of the appeal, however, they filed a brief
and appendix. We deny appellant's motion to strike the brief
and appendix.
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But his allegations and the materials he submitted in
support thereof do not show any misconduct by the courts or
any other basis for finding his claims to be timely.
Affirmed. See Loc. R. 27(c).
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[cc: Mr. Michaud, Mr. Gardner, Certified Copies to:
Honorable Steven J. McAuliffe, Mr. Starr, Clerk, U.S.
District Court of New Hampshire.]
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