Donato v. McCarthy

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-2212
SANDRA C. DONATO,
Plaintiff, Appellant,
v.
SHEILAH F. MCCARTHY,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge]
Before
Lynch, Circuit Judge,
Campbell and Stahl, Senior Circuit Judges.
Sandra C. Donato on brief pro se.
R. Matthew Cairns and Ransmeier & Spellman on brief for
appellee.
March 5, 2002
Per Curiam. Plaintiff Sandra C. Donato appeals a
judgment of the district court granting summary judgment in favor
of defendant-appellee Sheilah F. McCarthy. We have reviewed the
parties' briefs and the record below. Upon our review, we conclude
that summary judgment was correctly granted. We affirm the
district court judgment, essentially for the reasons stated in the
district court's order dated July 17, 2001.
Appellee McCarthy did not submit a separately filed
motion pursuant to Fed. R. App. P. 38. Her request, recited in the
final paragraph in her brief, that we direct Donato to pay
attorney's fees and costs for filing a frivolous appeal is denied.
"A party may not invoke Rule 38 by a reference in his brief." In
re I Don't Trust, 143 F.3d 1, 4 (1st Cir. 1998).
Affirmed.