Muldoon v. Maloney ( 2000 )

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1321
EMMETT S. MULDOON,
Plaintiff, Appellant,
v.
MICHAEL T. MALONEY; ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
Before
Selya, Circuit Judge,
Campbell, Senior Circuit Judge,
and Boudin, Circuit Judge.
Emmett S. Muldoon on brief pro se.
SEPTEMBER 28, 2000
Per Curiam. Appellant, a state prisoner proceeding
in forma pauperis, appeals the district court's dismissal of
his complaint as "frivolous" as well as the taxing of his
prisoner account to satisfy the filing fee. See 28 U.S.C.
§ 1915. Appellant does not deny that the complaint is an
identical copy of a complaint he had previously filed and is
pursuing in a separate, pending action. He asserts,
however, that he did not mail the duplicative complaint to
the district court. He surmises that a copy may have been
transmitted to the court by someone who tampered with his
mail. The district court considered the argument and denied
reconsideration of its order "upon a review of the record."
We perceive no clear error in the court's finding nor any
abuse of discretion.
Affirmed.