August 11, 1993 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1332
JESUS SANCHEZ-VALDES,
Plaintiff, Appellant,
v.
ALBERTO O. BACO, ET AL.,
Defendants, Appellees.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Gilberto Gierbolini, U.S. District Judge]
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Before
Cyr, Boudin and Stahl,
Circuit Judges.
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Hector Rivera Cruz, Secretary of Justice, Antonio Fiol
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Matta, Director, Federal Litigation Division, Rosalinda Pesquera,
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Victor E. Baez, and Sigfredo Rodriguez Isaac, on brief for
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appellant.
Carlos Lugo Fiol, Acting Solicitor General, Department of
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Justice, on brief for appellees.
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Per Curiam. The district court dismissed this action
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after determining that plaintiff had orally agreed upon a
settlement. Plaintiff has appealed.
Plaintiff's brief does not clearly explain plaintiff's
challenge. If plaintiff's argument is that the terms of the
settlement as represented by defendants were not the terms
the parties actually agreed upon at the settlement
conference, we conclude plaintiff has waived that argument.
Plaintiff neither timely opposed defendants' June 3, 1992
motion (which asked the court, among other things, to enforce
the settlement agreement attached to defendants' motion),
requested an evidentiary hearing, nor sought reconsideration
of the court's June 22, 1992 order which concluded that the
agreed upon settlement terms were as stated by defendants.
If plaintiff's argument is that counsel was not authorized to
settle the case, this argument, too, has been waived by
plaintiff's failure to present it below. In view of
plaintiff's silence below, coupled with his vaguely phrased
appellate brief, we see no basis for disturbing the district
court's judgment.
Affirmed.
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