Gorod v. Commonwealth of MA ( 1997 )

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1028
No. 97-1767
GERTRUDE DAVIS GOROD,
Plaintiff, Appellant,
v.
COMMONWEALTH OF MASSACHUSETTS, ET AL.,
Defendants, Appellees.
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington, U.S. District Judge]
Before
Torruella, Chief Judge,
Stahl and Lynch, Circuit Judges.
Gertrude Davis Gorod on briefs pro se.
Scott Harshbarger, Attorney General, and Jason Barshak, Assistant
Attorney General, on briefs for appellees.
October 9, 1997
Per Curiam. Appellant Gertrude Gorod seeks to overturn
a district court order that dismissed her complaint for
damages under 42 U.S.C. 1983 for the failure to state a
claim upon which relief can be granted. While this court
generally disfavors such dismissals absent advance notice and
an opportunity to amend, see, e.g., Wyatt v. City of Boston,
35 F.3d 13, 14-15 (1st Cir. 1994); Street v. Fair, 918 F.2d
269, 272 (1st Cir. 1990)(per curiam), here it is clear that
appellant cannot prove any set of facts that would entitle
her to relief. Accordingly, the order of dismissal is
summarily affirmed. See Local Rule 27.1. Appellant also
challenges an order denying her motion to default the
defendants. This order was issued after the judgment of
dismissal had entered and the case was docketed on appeal.
It is therefore a nullity. Appeal no. 97-1767 is
dismissed.1
1
1We further note that the defendants were never in
1
default. The case was dismissed before their answer became
due.
-2-