DocketNumber： 01-2415
Judges： Selya, Campbell, Lynch
Filed Date： 3/12/2002
Status： Precedential
Modified Date： 10/19/2024
United States Court of Appeals
For the First Circuit
No. 01-2415
JOSEPH MCMANUS,
Plaintiff, Appellant,
v.
ASHBEL T. WALL, 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
Selya, Circuit Judge ,
Campbell, Senior Circuit Judge ,
and Lynch, Circuit Judge .
Joseph McManus on brief pro se.
Michael B. Grant , Deputy Chief Legal Counsel, on Motion for Summary Disposition for appellees.
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March 8, 2002 |
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Per Curiam . Under the version of the Rhode Island statute applicable at the time he filed his section 1983 complaint, McManus appears to have been exempted from the normal three-year limitations period applicable to personal injury actions because he was imprisoned at the time this cause of action accrued. See See Cepulonis v. Fair , 732 F.2d 1, 6 (1st. Cir. 1984). Nor does his assertion state a claim for a Fourth Amendment violation since he has not shown that remedies are unavailable to him, either administratively or in the state court. See Hudson v. Palmer See Olsen v. Correiro , 189 F.3d 52, 57-58 (1st Cir. 1999).
See Carillo v. DuBois , 23 F.Supp.2d 103, 107 (D.Mass. 1998), vacated in part on other grounds See Sandin Conner Olim v. Wakinekona , 461 U.S. 238, 249 (1983). Nor has McManus shown that the district court abused its discretion by denying his motions to compel discovery of his medical records and his motion to file an amended complaint to extend the time during which he alleged he was subjected to an improper prison classification. See Walton v. Nalco Chemical Co. Ayala-Gerena v. Bristol Myers-Squibb Co. , 95 F.3d 86, 91 (1st Cir. 1996).
AFFIRMED.
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