D'Amario v. Russo

USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT







                                 ____________________





        No. 97-1226



                                ARTHUR D'AMARIO, III,



                                Plaintiff, Appellant,



                                          v.



                               FRANK J. RUSSO, ET AL.,



                                Defendants, Appellees.



                                 ____________________



                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF RHODE ISLAND



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



                                 ____________________



                                        Before



                                Torruella, Chief Judge,
___________

                           Campbell, Senior Circuit Judge,
____________________

                              and Lynch, Circuit Judge.
_____________



                                 ____________________



            Arthur D'Amario, III, on brief pro se.
____________________





                                 ____________________



                                   December 5, 1997

                                 ____________________



































                 Per Curiam.  Arthur D'Amario, III, has appealed an order
__________



            of the district court, dated January 7, 1997, that denied his



            motion filed pursuant to Fed. R. Civ. P.  60(b).  That denial



            is  well  supported  by  the November  12,  1996  Report  and



            Recommendation  of the  magistrate judge, which  the district



            court  accepted and adopted.   Upon our review of appellant's



            brief  and  the  record  on appeal,  we  affirm  that denial,



            essentially for the reasons stated in the magistrate's report



            and recommendation.



                 The  January 7, 1997  district court order  also recited



            that "any pleadings, motions, complaints, or other  documents



            which  the plaintiff  hereafter files in  this court  will be



            immediately dismissed or  stricken from the record  unless he



            files an  affidavit, under  oath," that he  has paid  in full



            "all outstanding sanctions imposed over the years in a number
___



            of  frivolous  cases  he  has  filed."     (Emphasis  in  the



            original).  We  construe this language as  enjoining D'Amario



            from  filing any  pleadings,  motions, complaints,  or  other



            documents that arise from and/or  relate to his claim that he



            has a  right to photograph  concerts at the  Providence Civic



            Center, including  filings relating  to satellite  litigation



            that  D'Amario has  repeatedly initiated  since his  original



            complaint  in  1983.   So  construed,  we  find no  abuse  of



            discretion in the imposition of  this injunction.  See Cok v.
___ ___



            Family Court of Rhode Island, 985 F.2d 32, 34 (1st Cir. 1993)
____________________________







                                         -2-



























            (reciting    that   "[f]ederal    courts   plainly    possess



            discretionary  powers  to  regulate  the conduct  of  abusive



            litigants).   We add  that  we have  previously affirmed  the



            dismissal of a prior lawsuit  for failure to comply with past



            orders  directing  D'Amario   to  pay  attorney's   fees  and



            sanctions in  his related suits.   See D'Amario v.  Pine, No.
___ ________     ____



            95-2131 (1st Cir. Feb. 1, 1996).



                 Affirmed.
_________











































































                                         -3-